Temple City Municipal Code Art. L Vacant Property Landscaping and Maintenance

The purpose of this article is to regulate vacant lots in the City to protect areas from becoming blighted due to the lack of adequate maintenance and security, and to establish minimum standards of accountability on the responsible parties of vacant lot to protect the health, welfare, and safety of the community. This article is distinct from the registration and maintenance requirements of Article 4-2J “Vacant and Abandoned Property”.

(Ord. 22-1061)

As used in this chapter, the following definitions apply:

(Ord. 22-1061)

A. Unimproved Vacant Sites.

1. Landscaping.

a. Landscape and Irrigation Plan: The responsible party of an unimproved vacant site must provide a vacant site landscape and irrigation plan, along with the appropriate City fees, to the Community Development Department for review and approval.

b. Installation: Upon plan approval, the proposed improvements must be installed within 30 days.

c. Landscape and Irrigation Requirements: Vacant sites must be continually improved and maintained in accordance with the approved plan and the following provisions:

(1) Landscape Buffer: A minimum five-foot-wide landscape area must be maintained on all perimeters of a vacant site visible from the public right of way. Areas adjacent to a neighboring structure do not require a landscape buffer. Areas adjacent to an alley require a landscape buffer.

(2) Landscape Material: areas Any new landscaping in the landscape buffer area must be planted with drought-tolerant vegetation consisting of hedges, shrubs, mounding grasses, and/or groundcover. Such landscape materials must be at least 18 inches tall and no more than four feet tall. Succulents, cacti, and lawn are not appropriate as they do not provide any screening.

(3) City Guidelines: The landscape plan must be in conformance with the City’s Drought Tolerant Landscaping Guidelines and the Parkway Landscape Guidelines to the satisfaction of Community Development Director.

(4) Unpaved Areas: All areas of the site outside of the landscape buffer that are not paved and do not have groundcover must include three inches of bark mulch to help reduce the presence of weeds.

(5) Existing Landscaped Areas: The irrigation system must also continue to irrigate those sections of the site that were landscaped prior to the site being vacant.

(6) Automatic Irrigation: The vacant site must be improved with an operable automatic irrigation system. It must be continually maintained in good condition.

(7) Timely Maintenance: Any broken, malfunctioning irrigation components, on the site must be replaced by the responsible party or designee, within two weeks of discovery or notification by the City. The responsible party must inspect the property at reasonable intervals and take other steps to reasonably ensure that the property is not acting as a public nuisance.

2. Fencing.

a. Perimeter Fence: A six-foot-high perimeter fence must be installed around the vacant site. Where a landscape buffer is required, the fencing must be installed behind the landscaping. The fence must include a gate to allow emergency access to the site. In circumstances where the Community Development Director finds that a higher perimeter barrier is warranted for adequate security, the perimeter barrier may be constructed up to a maximum of 8 feet. This fencing must consist of chain link. The Director may require sites that have remained vacant for more than six months and for which a building permit application has not been submitted for review to install tubular steel instead of chain link.

b. Director Approval: A fence plan must be submitted to the Community Development Director for the Director’s review and approval.

B. Improved Vacant Sites. Vacant sites improved with existing on-site buildings or structures that are vacant, abandoned, or unoccupied for more than 90 days, as determined by the Community Development Director, must be improved and maintained at all times in the same manner as set forth in the “Unimproved Vacant Sites” section of this article except that the landscape buffer is not required. The Community Development Director may modify the fencing requirements if the requirements are deemed unnecessary or unsuitable for an improved vacant site. Instances where additional fencing would not be required would include sites where a building is near the front property line and does not provide room for loitering.

C. Vacant Sites in Conjunction with an Approved Project. Before the City issues a demolition permit on any site in which the construction of a new building, structure, parking lot, or impervious surface is not scheduled to commence within 90 days after demolition, the responsible party or designee must submit a Vacant Site Landscape and Irrigation Plan for review and approval by the Community Development Department, along with the appropriate City fees. The Community Development Department may impose any conditions of approval on the Vacant Site Landscape and Irrigation Plan to ensure that the site will be adequately maintained during the time that it is vacant. Upon approval of the plan, the landscape and irrigation improvements to the vacant site, as specified on the approved plan, must be completed to the satisfaction of the Community Development Department, within 30 days after approval of the plans.

D. Maintenance of All Sites: All vacant sites covered by this article, including improved and unimproved vacant sites, must comply with the following:

1. Stockpiling: The vacant site must not be used for stockpiling of any material.

2. Fencing: All fencing must be maintained in good working condition.

3. Regular Inspections: The responsible party or designee, must inspect the property at reasonable intervals (at least once a month) and take other steps to reasonably ensure that none of the above violations exist.

4. Adequate Security: The site must be continually and adequately secured to prevent illegal dumping, criminal activity, vandalism, graffiti, loitering or trespassing, and any other attractive nuisances.

5. Lighting: Any exterior security lighting fixtures, including those in the parking lot, must be left on after sunset and before sunrise to provide security and minimize trespassing. Any light fixtures that are not functioning must be repaired within the time specified by the community preservation staff.

6. Alarm Systems and Cameras: Any security systems, such as alarms, and cameras must be maintained in good working order. The installation of a new alarm or security system is not required. (Ord. 22-1061)

All vacant sites, regardless of how they became vacant, that are existing at the time this article becomes effective must comply with this article within 90 days after the City provides notice alerting the responsible party or operator of the requirements of this article. For purposes of this article, the responsible party or operator is deemed to have been provided notice five days after such notice is mailed by first class and certified mail to the owner or owners shown on the last assessment roll of the county. The failure of any person to receive this notice does not affect the validity of any proceedings under this article. A 30-day time extension may be granted by the Community Development Director for good cause as determined by the Community Development Director.

(Ord. 22-1061)

Failure to comply with any of the applicable requirements in this article constitutes a public nuisance or nuisances and abatement proceedings may proceed in accordance with the provisions of Article 4-2A (Nuisances).

(Ord. 22-1061)

A. Any vacant site that is undergoing construction or any vacant site for which a building permit has been issued and has not expired is exempt from the requirements of this article. This exemption does not apply to any extensions, modifications, or changes to a building permit that extend the building permit beyond the initial expiration period provided by this Code.

B. Other Instances: The Community Development Director may waive compliance with this article in instances where application of the article precludes the legal use of a property (for example: private driveways, streets, and easements; parking lots serving adjacent uses with an active business license; remnant parcels; and sites owned by utilities and other government organizations).

C. Residential Uses: Sites where the main use is single-family or multi-family are exempt from the provisions of Section 4-2L.

(Ord. 22-1061)

The responsible party may appeal a decision of the Community Development Director to the Planning Commission per section 9-1C-5.G.

(Ord. 22-1061)