HomeMy Public PortalAbout10) 8A Ordinance No. 18-1032 Zoning Code Amendments, Series 2 Code AmendmentsAGENDA
ITEM 8.A.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: October 2 , 2018
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via: Michael D. Forbes , Community Development Director
· Scott Reimers , Planning Manager
By: Adam Gulick, Associate Planner
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 18-1032
AMENDING TITLE 9 (ZONING REGULATIONS), CHAPTER 1 OF THE
TEMPLE CITY MUNICIPAL CODE (SERIES 2 CODE AMENDMENTS)
RECOMMENDATION:
The City Council is reques~ed to:
1. Introduce for first reading by title only and waive further reading of Ordinance No.
18-1032 (Attachment "A"), amenqing Title 9, Chapter 1 (Zoning Code) of the
Temple City Municipal Code (TCMC) (Series 2 Code Amendments); and
2. Schedule the second reading of Ordinance No. 18-1032 for October 16, 2018.
BACKGROUND:
1. On July 11, 2017, planning staff had a discussion item with the Planning
Commission to go over various items in the Zoning Code that planning staff has
observed that need clarifications or improvements .
2 . On October 10, 2017 , the Planning Commission held a public hearing for the
proposed Series 2 Code Amendments, but continued the item to a date uncertain.
3. On May 8 , 2018, the Planning Commission reviewed the proposed Series 2 Code
Amendments . The Planning Commission staff report (Attachment "B ") provides
information about the need and rationale for the proposed amendments . The
Planning Commission recommended that the City Council adopt Ordinance No .
18-1032 .
City Council
October 2, 2018
Page 2 of 4
4. Prior to scheduling the Series 2 Code Amendments for City Council consideration ,
staff discovered an issue with the definition of "Open Space" that needed to be
addressed. On August 14 , 2018, the Planning Commission considered staff's
recommendation to modify the definition of "O pen Space " (Attachment "C"). During
the meeting the Planning Commission gave support for the modification , but
requested that staff research accessory dwelling unit (ADU) development standards
in nearby cities and bring back recommendations at the Planning Commission
meeting on September 11 , 2018.
5. On September 11, 2018 , the Planning Commission reviewed staff's
recommendation to modify certain development standards for ADUs (Attachment
"D"). The Planning Commission recommended that the City Council adopt
Ordinance No. 18-1032 as revised to include certain ADU standards.
ANALYSIS:
From time to time as staff administers the Zoning Code (TCMC Title 9), staff identifies
necessary improvements and clarifications. These various modifications to Title 9 are
compiled into one ordinance. As the Planning Division is in the early stages of
developing a new Zoning Code, staff has limited the items in the proposed Series 2
Code Amendment to minor changes that are consistent with the direction already
established in the Zoning Code. Some of the amendments covered in Series 2 include:
• Makes the Zoning Code internally consistent for how a structure is measured ;
removes "de tached living quarters" in the definition section that is no longer used
in the Zoning Code; clarifies that deve lopm e nt standards are based on net lot
area when there are easements ; and changes the front yard area definition to
prevent someone from putting up a six-foot tall wall or a detached accessory
structure in front of the main house (Ordinance Section 1 );
• Eliminates the reference to the Administrative Review Procedure in the
Conditional Use Permit section that was previously eliminated (Ordinance
Section 2);
• Simplifies the excessive noise section for permitted construction hours during the
week and reduces work hours on Saturday . Also prohibits construction on
Sundays and fed e ral holidays (Ordinance Section 3);
• Changes how the height of a fence , wall or hedge is measured ; establishes wall
and fence heights for commercial and manufacturing zones; and identifies
hazardous fence materials that are prohibited except for public agencies and
utility companies (Ordinance Section 5);
• Establishes clear language in the R-1 code to prohibit large cantilevered areas
on the second floor. (Ordinance Section 6);
City Council
October 2, 2018
Page 3 of 4
• Makes the required permeable area consistent in the R-3 zone (Ordinance
Section 7); and
• Modifies the definition of "open space" to include the required rear yard areas
and prohibits structures in the required open space area (Ordinance Section 1 0).
Proposed Changes to City's ADU Development Standards
In response to state legislation that took effect January 1, 2017, and in consultation with
the City Attorney's Office, planning staff in 2017 recommended that the City Council
adopt conservative ADU development standards to ensure consistency with the letter
and intent of the new legislation. Subsequent to the City Council's adoption of those
standards, some nearby cities adopted more stringent ADU development standards
than those adopted by Temple City (see Attachment "E"), based on a Memorandum
issued by the California Department of Housing and Community Development (HCD).
The HCD Memorandum indicated . that jurisdictions could adopt more restrictive
standards to regulate ADUs so long as the standards were consistent with the state
legislation and did not have the effect of prohibiting ADUs.
Based on the clarification provided by HCD 's Memorandum and standards adopted by
other cities, planning staff initially proposed the following changes to the ADU
development standards as part of the Series 2 Code Amendments:
• Establish off-street parking design requirements for Accessory Dwelling Units
(ADU) (Ordinance Section 4);
• Base the maximum number of bedrooms on the gross floor area (Ordinance
Section 8); and
• Reduce the number of required parking spaces for ADUs to be consistent with
revisions to the state ADU law (Ordinance Section 9).
At the Planning Commission meeting on August 14, 2018, the Planning Commission
requested planning staff to research ADU development standards for nearby cities to
see if Temple City should consider modifying its development standards. In particular,
the Planning Commission commented on minimum lot sizes, maximum size of ADUs,
and eligible accessory structures that can be converted and retain existing side and
rear yard setbacks. After surveying 13 nearby cities, planning staff proposed the
following changes to the City's ADU development standards (Ordinance Section 8):
• Establish a maximum of up to 800 square feet for an ADU (previously maximum
up to 1 ,200 square feet);
• Base the maximum number of bedrooms on the gross floor area (previously no
minimum size except for the building code regulations);
• Specify that only accessory structures legally constructed prior to January 1,
2017, are allowed to be converted to an ADU and maintain existing side and rear
City Council
October 2, 2018
Page 4 of4
yard setbacks (previously any legally constructed accessory structure regardless
of date constructed);
• Require a minimum lot size of 6,000 square feet for an ADU (previously no
minimum lot size); and
• Reduce the maximum size of accessory structure(s) per lot to 1,400 square feet
(previously 1 ,800 square feet).
The Planning Commission agreed with planning staff's proposed changes to the Zoning
Code and made a recommendation that the City Council adopt the Series 2 Code
Amendments (Attachment "A").
CITY STRATEGIC GOALS:
Adopting the proposed ordinance would further the City Strategic Goals of Public Health
and Safety and Quality of Life .
FISCAL IMPACT:
Approval of this item will not have an impact on the Fiscal Year 2018-19 City budget.
ATTACHMENTS:
A. Ordinance Number 18-1032
B . Planning Commission Staff Report, May 8, 2018
C. Planning Commission Staff Report, August 14, 2018
D. Planning Commission Staff Report , September 11 , 2018
E. Construction Hours and Accessory Dwelling Unit Surveys
ATTACHMENT A
ORDINANCE NO. 18-1032
AN O RDIN ANC E OF THE CITY COUNCIL OF THE CITY OF TE MPLE
CITY, CALIFORNIA, AM ENDIN G TIT LE 9, CHAPTER 1 OF TH E
TEMPLE CITY MUNICIPAL CODE
WHEREAS, th e City of Temple City ("City") has adopt ed a Genera l Pla n to ensure a we ll -
planned and safe co mmunity; and
WHEREAS, protection o f publi c h ea lth, safety, a nd we lfare is fully artic u lated in the Ge neral
Plan ; and
WHEREAS, State law requires that the Temp le City Zoning Co d e, f ou nd in Title 9, Chapter
1 of the Temple City Municipal Code ("TCMC"), conform with th e General Plan's goals and policies;
and
WHEREAS, it is necessary fro m time to time to update the zon in g ord inance to bri ng it
into conformity with State l aw and to address publi c h ealt h, sa f ety, and we lfare co ncerns that have
arisen since the last update of the Tem ple City Zoning Code; and
WHEREAS, on Jul y 11, 2017, p lanning sta ff had a discu ss i on item with the Planning
Commission to go over various items in the Zoning Code (Se ries 2 Code Amendments) that
planning st aff has obse rved t hat n ee d clarifications or improvements; and
WHEREAS, on Oct obe r 10, 2017, at a duly noticed public hearing on City-initiated Zon in g
Code Amendments (Se rie s 2 Code Amendments) ame nding va ri ous items in t h e Temp le City
Municipal Code, the Plannin g Com mi ss io n held a public he ari ng and continued to the item to a
d ate uncertain; and
WHEREAS, on May 8, 2018, at a duly notic ed public hear i ng on the Series 2 Code
Amendments, th e Pl anning Co mmissio n co nsid ered all sta ff reports, stud i es, testi mony,
environmental information presented, and un anim o u sly approved a re so lution recommending
that th e City Cou ncil approve the Series 2 Code Amendments; and
WHEREAS, prior t o sc h ed uling th e Series 2 Code Ame ndments f or a City Council meeting,
Planning sta ff discovered an i ss u e wi th the definition of "Open Space" that needed to be
addressed. On August 14, 2018, at a duly noticed public hearin g o n t h e Series 2 Code
Amendments, the Planning Com miss ion considered all staff reports, studies, t es t imony, and
environmental inform ation presented . During the meeting, t he Planning Commission gave
support f or the "O pen Space " modification, but reques t ed that staff research accessory dwelling
unit (A DU) sta n dards in nearby citie s and bring back recommendations at the Planning
Co mmission meeting on September 11, 2018; and
Ordinance No. 18-1032
Page 2 of 16
WHEREAS, on September 11, 2018, at a continued public hearing, the Planning
Commission reviewed staff's recommendation to modify the development standards for ADUs as
part of the Series 2 Code Amendments. The Planning Commission considered all staff reports,
studies, testimony, environmental information presented, and unanimously approved a resolution
recommending that the City Council approve the Series 2 Code Amendments; and
WHEREAS, on October 2, 2018, at a duly noticed public hearing on the Series 2 Code
Amendments, the City Council considered all staff reports, studies, testimony, environmental
information, and the recommendation from the Planning Commission.
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS AS
FOLLOWS:
Words shown with a strikethrough shall be deleted from the existing Municipal Code.
Words shown with an underline shall be added to the Municipal Code. Words without underlines
or strikethrough shall not be modified and are provided for reference purposes only.
SECTION 1: The following definitions in Section 9-1A-9 of the TCMC is amended as follows:
BUILDING, ACCESSORY: A single-story detached building not to exceed fifteen 15 feet ~ in
height, housing a permitted accessory use located on the same lot as the main building or
principal use. Provided, that if the same is attached to a main building by a common wall or roof,
it 4aU must be deemed to be a part of such main building. The height of an accessory dwelling
unit is set by Section 9-lT-10.
BUILDING OR STRUCTURE HEIGHT: In all zones. except the R-1 zone. the vertical distance from
the average finished grade of the lot to the highest point of the building or structure. In the R-1
zone. the vertical distance from the natural grade to the highest point of construction.
DETACHED LIVING QUARTERS: The same as the definition of Guesthouse.
FLOOR AREA RATIO: The total gross floor area included within the surrounding exterior walls of a
building(s) or portion thereof divided by the §Jf655 lot area of the lot, prior to any required
dedications. In calculating floor area ratio (FAR), the exterior wall s 4aU must be counted as gross
square footage. For residential uses (not mixed use or commercial), the floor area 4aU must be
counted twice for any portion ofthe dwelling where the distance between the floor and the ceiling
directly above exceeds twelve 12 feet M arid in instances where the height of a single-story
structure or single -story portion of a two-story structure exceeds eighteen 18 feet~. For single -
family structures and in the R-1 zone, the floor area ratio limitations 4aU will apply to:
Ordinance No. 18-103 2
Page 3 o f 16
B. Accessory structures not in cl uding required parking, but i ncluding garages areas in
excess of required p arking code req uirements, guest houses, pool houses, playrooms,
second unit housing accesso ry dwellin g units, and th e like.
LO T, AREA: The total are a, measured in a h o ri zo ntal plang, included w it hin th e lot lines of a lot.
1\ny portion of a lot area v;hi ch is w ithin a designated f lood Flood co ntro l easement.s, and driveway
ease ments providing access to tiered or flag l ots sfta.U are not be co nsidered as usab le lot are a for
purposes of d etermining or ca lculat ing permitted density, l ot coverag e, fl oor area ratio, permeable
area, etc.
LOT OR PARCEL OF LAND: A. A parcel of rea l property w hich is shown as a lot in a subdivisi on
recorded pursua nt to the provisions o f th e subdivision map act; or
.g A. A pa rcel of real property, t h e dimensions and boundar ies of w h ich are defined by a
record ed record o r survey map; or
{;a. A p arc el of rea l prop erty sh own o n a pa rce l map o r tract map, recorded pu rsu ant to the
provisions of the subdivision map ac t ; o r
.g ~. A parce l of real property law fully crea t ed and dimens ioned i n accorda nce with city
o rdin a nces prior to Janu ary 1, 1967.
The min i mum fro ntage upon a pub lic street or hi g hv;ay for R 1 zoned lots sha ll be si><ty
feet (60') m<cept for cu i de sacs and knuckles, in which cases the minimum frontage may
be redu ced to t hi rty five feet (35') provid ed the average l ot vvidth is si><ty feet (60').
Exception : R 1 zoned l ots in e><istence on the effective date of t hi s chapter (May 5, 1988)
may be subd ivided subject to the following restrictions:
1. I'J o e><ist ing l ot sha ll b e subdivided into more than two (2) l ots.
2. Each subdivis ion sha ll be su bje ct to the approval of a p ar cel m ap.
3. The original e><ist ing l ot to be subdivided shal l have a street frontage of at least
seventy feet (70') but le ss than one hundred feet (100'), and
4. Each such subdivision shall be limited to t h e creati on of no more than one flag lot,
with a m inimum street f rontage of fifteen feet (15'), and
5. 1\ minimum of seven thousand two hundred (7,200) square feet of lot area sha ll be
provided per newly crea ted l ot, e><clus ive of any "po le " porti on of a f l ag l ot.
6. I'J o such "fla g l ot" subdivis io n sha ll be created on Ha l ifa>< Road between Daines
Drive and Live Oak /\venue, l ega ll y described as lots #1 12, b lock 1\, lots #1 8, blo~k B
and portion of l ots #9 11, b l oc k B of tra ct no. 116 95, Los 1\ngel es County recorder
Ordinance No. 18-1032
Page 4 of 16
map book 215 23 24 and a portion of l ot 32 of E.J. Baldvvin's Addition #1 to Santa
Anita Colony, Los Angeles County recorder's miscellaneous records 52 60, as shovm
on e><hibit A.
7. No "flag lot" created after September 15, 1989, under the provisions of this section
shall be improved with any structure which mcceeds t'."Jenty feet (20') in height.
YARD, FRONT: A yard extending across the full width of the front of a lot. from the front property
line to the dwelling on the property. The depth of a required front yard 4aU will be a specified
horizontal distance measured between the front lot line and a line parallel thereto, on the lot.
SECTION 2: Section 9-1F-10 of the TCMC (Conditional Use Permit) is amended to remove the
double asterisk on use s that reference an obsolete review process as follows:
The following uses 5fta.U may be permitted in all zones (except in the residential zones un less
otherwise herein provided) provided that a cond iti ona l use permit is first obta ined pursuant to
the provisions of part 3 of this article. Uses designated by a ** in the follm'ling list of uses sha ll be
approved through an administrative review procedure:
Drive-in business.**
Restaurants .**
Serv ice stations.**
Transfer Stations.
SECTION 3: Section 9-1I-1 of the TCMC (REGULATION OF EXCESSIVE NOISE) is amended as
follows:
G. Private co nstru ction projects l ocated o ne fourth (114) of a mile or more from an inhabited
d'vve llin g.
G. H. Private cons truction proje cts l ocated ·..vithin o ne fourth (*/4) of a mi le from an inhabited
dwe lli ng, provided that construction does not occur between the h o urs of seven o'clock (7:00)
P.M. and seven o'clock (7:00) A.M. Construction projects requiring a building permit is limited
on weekdays between 7:00A.M. and 7:00 P.M .. and Saturdays between 8:00 A.M. to 4:00 P.M.
No construction work is a ll owed on Sundays or federal holidays.
H.+. Property maintenance, including, but not limited to , the operatio n of lawn mowers, leaf
blowers, etc., provided such maintenance occu rs between the hours of seven o'clock (7:00)
7:00A.M. and seven o'clock (7:00) 7:00 P.M.
Ordinance No. 18-1032
Page 5 of 16
L :k Motor vehicles, other than off highway vehicles. This exemption does not include sound
emanat ing from motor vehicle sound systems.
L ~ Heating and air cond iti oning equipment.
K. k Safety, warning and alarm devices, including, but not limited to, house and car alarms, and
other warning devices that are designed to protect the public health, safety, and welfare.
L. M: The discharge of firearms consistent with all state and federal laws.
M. N-o Any activity as to which the city council or planning commission has issued an exception
based on hardship, or to execute phase-In requirements.
N. G:-Involuntary noise.
0. ~ Isolated singular noises (not exceeding -2-two seconds) not repeated within sil<ty (60) 60
minutes.
P. ~ Matters preempted by state or federal l aw.
Q. R,. Matters involving the reasonable exercise of constitutional guarantees unless outweighed
by compe lling governmental interests or appropriate exercise of the police power.
R. & "Emergency work" as defined under section 9-1I-2 of this article.
S. +. Noise as to which there is specific consent from all affected persons. (Ord. 08 920)
SECTION 4: Section 9-1J-7.A.l.c of the TCMC (Off Street Parking Requirement) is amended as
follows:
1. Residential Parking Spaces:
c. Residential garage parking for second unit housing accessory dwelling units may be
provided in tandem parking spaces with minimum interior dimensions of teR 10 feet f±{B
in width by lefty 40 feet {40j in length. Open and covered parking spaces for accessory
dwelling units must comply with the size requirements specified in 9-1J-7.A.b.
SECTION 5: Section 9-1K-6 (WALL, FENCE OR HEDGES) is reformatted and amended as follows:
All proposed wal ls, fences or hedges, must comply with the requirements of this Section.
A. Wall. fence or hedge height measurement.
Ord inance No. 18-1032
Page 6 of 16
.l Th e m ax imum heig ht f o r wa ll s, f ences o r hed ges in t he f ront and street side yard m u st
be meas ured f ro m t he lowest ad jace nt g rad e to the t op of the wall. provided t he grade
d ifferenc e f ro m t he p ub li c ri g ht-of-way is 12 inc hes o r less.
Fro nt Yard Wa ll. Fence o r Hedge Heig ht M eas urem ent Diagram
................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0 •• 0 . 0 0 0 . 0 0 0 ••• 0 0. 0 •• 0 ••••••••••••
Wa ll and Fe nce Height
Measurement in Fron t Yard
When Th ere is Less Than
12 Inches of Gra de
Differ ence
·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:·:.......:;.... _____ _
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.£, Th e f o ll owi ng provis io ns app ly to grade differences of more than 12 inches abutting a
pub li c r ig ht-of-way:
Q.. Fo r t h e p urposes of t his sec t ion. a reta in ing wall is whe n t here is mo re t han 12
inches o f d ifference f ro m th e p u b lic ri g ht-of-way.
b . Re t aining wa ll s loca t ed i n t h e front and stree t side yard are allowed u p to three
f eet in heig ht
£.. Prop erti es w ith re t ainin g wall s in t he fro nt ya rd are all owe d t o ins t all an
additio n al fe n ce as lo ng as a three-foot se tback is p rov ide d from t he re t aining
wa ll. Th e f ence mu st be no n-view o bsc uri ng and comp ly with the height
req uire ments of Sect io n 9-1K-6(B).
d. Pro pe rt ies w ith re t ai nin g wa lls on the street side yard are allowed to i nstall an
additio nal f ence as long as a t h ree-foo t se t back is provided. The fence must
comply w ith t he req u i rements of Sect ion 9-1K -6(B).
Ordinance No. 18-1032
Pag e 7 of 16
Front and St reet Side Yard Retaining Wall Diagram
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• • • • • • • • • • • • • • • • • • • • • • 0. 0 0 •
3'-0"
Setback
Non-View Obscuring Fence
Al lowed in t he Fo nt Yard On l y
Subject to Section 9-1K-6{B)
Retaining Wall Allowed Up
To Three Feet
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1, The maximum height f or wall s and fen ces on an interior sid e and rear yard must be
mea sured from the high es t ad jacent grade. Reta i ning walls up to three feet in height
w ill not be counted towards th e max imum h eig ht on th e side and rear yard.
Ord ina nce No. 18-1032
Page 8 of 16
Inter ior Side and Rear Yard Wall Height Measurement Diagram
Wall and Fen ce Height
Meas urement For
In terior Side and Rear
Yard s
•••••••••••••••••• 0 •••••••• ...........................
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Retaining Walls Up to Three
Feet Are Not Counted
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• • • • • • • 0 0 ••••••••••
0 o o o o o o o' o I o o o' o'' o
• 0 •• 0. 0 ••••••••••••
• • • • • • • • • 0 •••••••
0 •••••••••••••••• . . . . . . . . . . . . . . . . .
• o o I o o o o o o o o o I o o o ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• • • • • • • • 0 ••••••• . . . . . . . . . . . . . . . .
4. Th e m ax imum height w il l be measured i n a con tin uum at eac h point along t he wa ll or
fen ce.
~ Height limits for walls and fences in residential zones .
.L A wa ll , f ence, or sec urity gate not more than six fe et~ in heig ht may be locate d and
maintained on an y part of an R zoned lot excep t those areas comprising the front yard
and, a long a corner sid e yard, the driveway visibility area.
2. In front yards (the area between the front of the ho use and the front lot l ine), the
maximum height of a wa ll , fence or hedg e sha ll be ~ limited to a ma xi mum of #Hfty
5Ht 36 inches ~ w hen view obscuri ng or a m aximum of fo rty tl.vo 42 inc hes ~
w hen non -view obscuring.
3. No sec ur ity gate, regardles s of he ig ht, sAaU w ill be permitted w h en said sec urity gate
blo cks vehicular access t o a multiple -family res id e nt ial project w hich has or wil l have
required guest parking .
4. In th e driveway vi sibi lity area, whic h on ly ap pli es to driveways in a corner side yard, the
max imum height o f a wa ll, fence or hedge sAaU w ill be thirty si>c 36 in ches~. Th e
driveway visibility area is the tri angu lar area extending at an ang le of fo rty five 45
degrees ~from the st reet property lin e to a point on t h e edge of the d rive way teA
O rdin an ce N o. 18-1032
Page 9 o f 16
10 f ee t f±*B f ro m t he street pro p erty lin e (see the "Driveway Vi sibility Area D iagra m ",
o f t hi s se ction). The driveway v isibi lity area 4aU wi ll not apply to g arages t ak ing access
fro m an alley .
Drive w ay Visib il it y Area Diagram
Driveway Vjs ibilitv
Areil: Th e Dr iveway
shall be 36 inches 4
.
50
10'
maxi mum hei ght 211
-·-·-· •-·-· -·-•-·-•-·-Property line
Sidewalk
11 1\ Parkwa y
~ In cases w h ere a g ara g e is l oca t ed in t he f ron t o f th e property and the garage door is
p erp en dicu l ar t o t h e st reet any fe nce cross i ng th e d r iveway shall be is lim ited to a
m ax imum o f th irty si>< 36 i n c h es~ w hen v iew o bsc urin g o r a m ax i m u m o f f o rty two
4 2 i nc h es~ w h en nonvi ew o b scu ri ng (see th e "Fences Per pe ndicul ar To Driveways
Di ag ram", o f thi s sect i o n).
Ordinance No. 18-1032
Page 10 of 16
Fen ces Perpe ndi cul ar To Dri veways Di agram
Driveway
M axi mum f ence height
of thirty six in ches w hen
view obscur ing or forty
two in ches when no n·
view obstructing
I
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
i
-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·'
6. A fence or wall u p to six feet in height is allowed in t h e front yard on parce ls where the
adjacent house or garage i s setback further th an the house o r garage on the parce l as
shown in the diagram b elow. Th e f ence or wall may not be closer to t h e front lot line
t h an the ad jacent ho u se o r garage .
Different Front Yard Se tbac k Diagram
c
:I.
~
Ill <
Fe nce height all owed
up to six feet I
.. I
Ordinance No. 18-1032
Page 11 of 16
C. Nonresidential zon ing dist r icts. The m ax imu m heig ht of a wa ll or f ence w ithin the comme rc ia l
and indu strial zon ing district s. includ ing t he Cross ro ads Specific Plan. must be as follows.
1. Front and co rn er side setbacks.
a. Th e maximum he ight of a wa ll or f e nce along a street frontag e is f ou r f eet when
t he wall or f ence i s in front of a st ru cture.
b. Wal ls and fen ces abutting a publ ic sid ewalk mu st h ave a three-f oot setback
t hat is continuously m aintained with landscaping and irrig atio n.
2. Interior side and re ar setbac ks.
a. Th e ma xi mum height of a wal l or fen ce ma y be eight f eet.
b . Th e height of the wa ll o r f e nce must step down to f our feet when locate d w ithin
five feet of the street property li ne(s).
3. When ab utting a resid e nti al zo ning district. The minimum h eight of a wa ll located
w ithin five feet of a street property line(s) shou ld be equiva l ent to th e max imum height
f or a so lid wall or f e nce in th e d eve l opme nt sta ndard s of th e abutting re sidenti al
zo ning distri ct.
4. Design standard s f o r wal ls and fe nces.
a. All walls and f en ces mu st be a minimum 50 perce nt open. except in the
fo ll owing situations:
(1) Wa ll s and fences abutti ng a residential zoni ng district w ill be
co nst ru cted o nl y f rom bri ck. conc rete. or masonry that comp lement t he
bu ilding.
(2) A so lid maso nry wa ll is required t o screen outdoor storage areas.
b. Al l wa ll s and fe nces w it hin five feet o f the front property lin e must hav e a st ucco
appea rance or sp lit f ace t o co mpl ement t h e b uilding.
c. Walls and f e nces along t he front prope rty li ne use d to scree n adjacent parki ng
l ots must have a t hree-foot se tback that is landscaped and irrigated.
d. Chain-link fences are not all owed in th e front or stree t side ya rds. but may be
allowe d in rear and interior side yards .
D. No fence o r wa ll is all owed to co ntai n barb wire. co nce rti na (razor) wire. wro ug ht i ro n with
spikes. o r any simi lar sharp project io ns attac h ed to a fence d eemed hazardous by the
Comm unity Development Director. Elect ri ca l fences are proh ibited. Secur ity fencing f or
f aci lities owned by a public utility or gove rnment age ncy may include items li sted above
provided t he ha za rdous items are at least seve n fee t above the na tural grade of a public rig ht-
of-way.
Ordina nce No. 18-1032
Page 12 of 16
SECTION 6 : Sect io n 9-1M-12.C.2 of th e TCMC (SI NGLE-FAMILY RESIDENCE, STANDARDS OF
DE VE LO PMENT) is amended as f o ll ows:
2. Si d e Yards: Eac h lot in the R-1 zo ne 5HaU mu st ma intain the fo l lowi ng side yards:
a. Interior Lots: Interi o r lots 5HaU mu st mai ntain a side ya rd adjacent to each sid e lot li n e not
less than five feet \B for t he first st o ry portio n of a building or teR 10 perce nt (10%) of the
lot width, w hi chever is g reater. The seco nd story se tba ck on bot h sides 5HaU m ay not equa l
less than f ifteen 15 f ee t tM4 when comb in ed, but 5HaU may neve r be l ess than five feet \B
o r 10 percent of the lot w idth. whichever is greater. At no time and at no point sha ll the
second story setback be less than the first f l oor setback on any lot. The second story can
ove rhang on th e side yard. as long as it is not less than the req u ired setback for the first floor
and it is n ot greater than four f eet in depth o r 25 squa re feet.
b. Co rn er Lot s: Each co rn er lot 5HaU must maintai n the f o ll owing side yard req uirements:
(1) On the side l ot line wh ic h abuts a nother lot t he sid e ya rd 5HaU m u st be five feet \B for
the first story portion of a building or teR 10 percent t±G-%1-of the lo t wid t h, wh ichever is
g reate r. Th e seco nd story setback on b oth sides 5HaU may not equa l less than twenty 20
fee t~ when co mbin ed , but sha ll and m ay neve r be less t ha n five feet \B or 10 percent
of the l ot width. w hi chever is greater. At no t ime and at no point sha ll the second story
setback be less than the first floor setback on any lot. The seco nd story can overhang on
th e side yard. as long as the seco nd fl oo r is n ot l ess than the required setback for the
first floor and it is not greater than four f eet in d ep th or 25 square feet.
(2) O n the st reet side, the req ui re d side ya rd 5HaU mu st be ten f eet (10') in width, fo r t h e first
st o ry portio n of the buildin g. Th e seco nd story set b ack on both sides 5HaU must not
eq ua l l ess t han twenty 20 f eet~ when co mbined, but 5HaU must n ever be less than
teR 10 feet fi:Gi . At n o time and at no point shall t he second story setback be less than
t h e f irst floor se tba ck on any lot. Th e secon d story ca n overhang on t h e stree t side ya rd .
as long as th e seco nd floor i s at least 10 fee t from th e propert y line and it is not greater
tha n four feet in depth o r 25 sq u are feet.
SECTION 7: Sect ion 9 -1M-32.A.3 of the TCMC (R-3 MULTI -FAMILY RESIDENTI AL STANDARDS OF
DEVELOPMENT) i s amended as follows:
3. Perm iss ible Lot Coverage: Bui l dings, including accessory bui l dings and structures, 5HaU may not
cove r mo re th an #fty 50 percent~ of t he area of any lot. Furth ermore, at least twenty 40
percent~ of t h e lot area 5HaU must be p er m eab le; these ar eas may must be ma intained with
land scapi ng, appropri ate ground cove r, permeabl e pavers o r other acceptabl e pervio u s materials,
but m ay not be cove red w ith structures, co ncrete o r asp h alt.
Ordinance N o. 18-1032
Page 13 of 16
SECTION 8: Section 9-lT-10.8 of the TCMC (SPECIAL USES , ACCESSORY DWEL LING UNITS) is
amended as follows:
3. The singl e-f am ily dwelling or accessory dwelling unit must wtu be own er occupied.
6. The maximum size of an accessory dwelling unit is 800 square feet. The ma xi m um number of
bedroom s for an accessory dwelling unit w ill be determined by the gross f loo r area:
a. There wi ll be no minimum gross floor area for studios or bachelor units. Studios and
b ache lo r units ca nn ot exceed 800 square feet of gross floor area. For the purposes of
this section, a studio o r ba chel o r unit cannot conta in enclosed rooms w ith the exception
of a bathroom and kitc hen.
b. One bedroom units must provide a minimum of 600 square feet of gross floor area and
ca nn ot excee d 800 squa re feet of gross floor area. For the purposes of this sect ion, a
d en, library, study or similar enclosed room w ill be considered a bedroom.
c. Two bedroom units must provi de a minimum of 700 squa re feet of gross f loor area and
cannot exceed 800 square feet of gross floor area. For t h e purposes of t his sectio n, a
den, library, study or simi lar enclosed room wi ll be considered a bedroom.
z. &.-All accessory dwelling units mu st be located on the rear #tty 50 percent fW%t of the lot.
8. +.-The minimum side y ard se tbac k for a new ly cons tructed detached accesso ry dwelling u nit is
five feet~.
~ .g,_The minimum rear yard setback for a newly co nstructed detach ed accesso ry d we lling unit is
10 teA feet~.
10. -9;.--The existing side and re ar ya rd setba ck ma y be m ai ntained f or an existing garage or other
permitted exist in g accessory stru cture built prior to January 1. 2017, tha t is converted to an
accessory dwelling unit. Accessory structures and ad d itio ns constructed w ith out bu ilding permits
are required to comply with the current development standa rd s.
11 . ±G:-An addition to a leg ally non-conforming accesso ry structure for the purpose of creati ng
an accessory d we lling unit 5-AaU must comply w ith th e provisions found in section 9-1H-8,
"Additions To Nonconforming Structures", of thi s chapter.
12. ±h-The accessory dwelling unit may share utility connections and met ers with t he main
dwelling, or may be separately connected and metered. Utilities must be upgraded as deemed
necessary by the building official to co mply with the applicable codes, including but not limited
to sewer late rals , el ectrica l service panels, and wate r se rv ice.
13. ±b-Accessory dwelling units are subject to park const ru ction f ees per sectio n 9-5-2 of t h is t itle.
14. The minimum lot size for a new accessory dwe lling unit is 6,000 sq u are feet.
Ordinance No. 18-1032
Page 14 of 16
SECTION 9: Sec tion 9-1 T -10.C of the TCMC (SPECIA L USE S, ACCESSORY DWELLING UNITS) is
amended as follows.
1. Detached accessory dwelling units wtU must provide one f±1 garage. cove red. or open parking
space per bedroom. The following sta ndards will apply:
a. Parking may be in tandem in a structure or on a driveway.
g_, &.-It The required parking may be located in the side and rear setback areas when a five
foot ~landscaped buffer is provided between th e nearest property line and the
parking area.
~ E-;-The requ ired parking for a detached accessory dwelling unit must be independent
from required parking for the exist ing main dwelling and must not block access to the
req uired parking for the main dwelling.
3. When a garage or carport. constructed prior to January 1. 2017. is converted o r demolished in
conjunction with the construction of an accessory dwelling unit, t h e replacement spaces may be
lo cated in any co nfiguration on the same lot, including, but not limited to, as covered spaces,
uncove red spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.
SECTION 10: ·The following definition in Section 9-1A-9 of the TCMC is amended as follows:
OPEN SPACE: Ground .fteef area other than a required yard area the required front yard area,
driveway, swi mming pool, or off street parking facility, which has an average grad i ent of not to
exceed five percent~' w ith no building o r structure l ocated therein, e><cept for nonhabitable
structures used e><cl usively for recreational purposes, and wffiffi has a minimu m area of -twe
hundred fifty (250) 250 contiguous square feet with a minimum dimension of -teA 10 feet ~.
Notwithstanding any other provision of this section, "open space" sha ll include the required side
yard area of any interior lot provided said area complies with each of the other provisions hereof.
SECTION 11: The following definition in Section 9-1M -11 of the TCMC is amended as follows:
B. Accessory Structures: Accessory structures must be limited to one f±1 per lot, including
accessory dwelling units, pool houses, workshops, shed, and th e like, but not including required
garages. On lots improved with a main dwelling th at is greater than or eq ual to one thousand tvv'o
hundred eighty (1,280) 1.280 square feet, the maximum area for accessory structures on a lot -
exclud ing requ ired parking -must no t exceed one thousand eight hundred (1,800) 1.400 square
feet or fifty 50 percent~ of the livin g area of the main dwelling, whichever i s sma ll er. On l ots
improved w ith a m ai n dwelling that is less than one thousand two hundred eighty (1 ,280) 1.280
sq u are feet, th e m ax imum area for all accessory st ru ctures on a lot-excl u d ing req u ired pa r kin g -
Ordinance No. 18-1032
Page 15 of 16
must not exceed si>< hundred forty (640) 640 sq uare feet. (1960 Code; amd. Ord. 77-452; Ord. 87-
603; Ord. 03-888; Ord. 17-1022)
SECTION 12: The City Council declares that, shou ld any provision, section, subsection, paragraph,
sentence, clause, phrase, or word of this Ordinance o r any part thereof, be rendered or declared
invalid or unconstitutional by any fin al court action in a court of competent jurisd iction o r by
reason of any preemptive legislation, su ch decision or action will not affect the validity of the
remaining section o r portions of the Ordinance or part thereof. The City Counci l declares that it
would have independently adopted the rema ini ng provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words of this Ordinance irrespective of the fa ct that any one or
mo re provisions, sectio ns, subsect io ns, paragraphs, sente nces, clauses, phrases, or words may be
declared inval id o r unconstitutional.
SECTION 13: The City Counc il , in l ight of t he who le record before it, including but not li mited to,
any evidence (within the meaning of Publi c Resources Code Secti o ns 21080(e) and 21082.2) within
the record o r provided at the publi c hearing of this matter, he reby finds and determines that the
project is exempt from Ca lifornia Env ironmenta l Qua lity Act ("CEQA") pursuant to Section 15305
(Minor Alternations to Land Use Limitation s) of the CEQA Guidelines. The City Cou ncil also finds
that the proposed Ordinance is exempt in accordance with Sections 15378, 15060(c)(2), and
15061(b)(3) of the CEQA Gu id elines, because it ca n be seen with certainty that there is no
poss ibi lity that the proposed Ordinance wi ll have a significant effect on the environment.
SECTION 14: The City Clerk sha ll certify to th e passage and adoption of this Ordinance and to its
approval by t he Mayor and shall ca us e the same to be publi shed according to law.
PASSED, APPROVED, AND ADOP TE D this 16th day of October, 2018.
W illi am Man, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Cl erk Eric S. Vai l, City Attorney
Ordinance No. 18-1032
Page 16 of 16
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 18-1032 was introduced at the regular meeting of the City Council of the City of
Temple City held on the 2nd day of October 2018, and was duly passed, approved, and adopted
by said Council at the regular meeting held on the 161h day of October 2018, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council member-
Council member-
Councilmember-
Council member-
Peggy Kuo, City Clerk
ATTACHMENT B
Ci t y of Temp le Ci t y
Planning Commission
Staff Report
M ay 8, 20 18
FILE: PL 17-923
ADDRESS: Citywid e
DESCRIPTION: Series 2 Code Amendments of Title 9 (Zon ing Re gu lations), Chapter 1
(Zo nin g Code)
APPLICANT: City of Temple City (staff-ini tiated)
PROJECT PLANNER: Adam Gulick, Associate Plan ner
ENVIRONMENTAL REVIEW: This project is exe m pt from t he Cal ifornia Env i ronmental Qual ity Act
(CEQA) per Sec ti o n 15305 (min or al t erations t o land uses limitations),
and the pro posed ordinance is not a "proj ect" as defined by Sections
15061(b)(3) and 15378(b)(5) of the CEQA Gu ideli nes.
RECOMMENDATION : Adopt the attac hed Resol ution re commending that the City Cou nci l
adopt the p ro p osed ordinance
SUMMARY:
As staff administers Ti t le 9 (Zon ing Reg ul ati ons) of the Temp le City Municipal Code, st aff identifies
ambigu ities and confli cts in need of clarificati on, and opport unities fo r im provement. These
miscellaneous modifi cat ions to Title 9 are assembled into an omnibus ord i nance. As th e Plan ni ng Divis ion
i s in t he middle of a comprehens ive Zo ning Code update, sta ff has li mited t he items in the proposed
"Series 2" Code Amendment to minor changes co nsistent with th e directi on already es t ab lish ed in the
Zoning Code. The proposed Series 2 changes generall y f all i nto th e f ol lowi ng categories:
• Clarifi ca tions to address ambiguities or in co nsist enci es in th e code
• Clarifi ca ti o ns to impl ement previo us interpret ations
• Cla rifi cat ions and rev isions to mak e t he letter of the code cons is t ent with the in te nt of th e code
• Revis ions to co rr ect unintended conse qu ences or erro rs resultin g f rom previ ous ordina nces
• Revi sions to address changes that sho uld have been m ade as part of previous o rd i nances, but
w ere inadvertently overlooked (e.g., t he rece nt Accessory Dwellin g Un it ordinance)
• Rev isions to brin g the City's ADU reg ulatio ns in co mpli ance with recent changes to sta te AD U law
Th e ex isti ng Munici pa l Code can be fou nd o nlin e at www.tem plecity.u s/113/Munici pa i-Code.
May 8, 2018 Planning Commission Meeting
File: PL 17-923 Series 2 Code Amendment, Ordinance No. 18-1032
ANALYSIS:
The following is a summary of the items proposed to be amended in Series 2 with a short explanation
and analysis of the issues.
The definition of "Building, Accessory" has been
modified to clarify that ADUs are treated differently
with regard to height.
The definition of "Building or Structure Height" has
been modified to clarify that building or structure
height in the R-1 zone is measured from i1atural
grade.
The definition of "Detached Living Quarters" has
been eliminated since the term is no longer used in
the Zoning Code.
The definition of "Floor Area Ratio" has been
modified to be consistent with the recently
adopted ADU ordinance and to clarify what should
be calculated when determining lot area, by relying
on separate and improved definition for lot area.
The definition of "Lot Area" has been modified to
exclude access easements when determining lot
area for purposes of calculating density, floor area
ratio, lot coverage, permeable area, etc.
The definition of "Lot or Parcel of Land" has been
modified.
This change will assist in making the Code
internally consistent.
This revision makes the definition of building
and structure height consistent with the R-1
Code, Section 9-1M-12.E.
This revision should have been made as part of
the recent ADU ordinance but was not included
due to an oversight.
This change would modify the calculation for
floor area ratio from using gross lot area to net
lot area. However, it should be noted the
existing definition of "lot area" excludes flood
control easements.
This revision makes the letter of the code
consistent with the intent of the code. The
Code already excludes flood control easements,
but provides no direction in terms of driveway
easements. Including access easements in lot
area calculations artificially increases the size of
the lot and can lead to houses much larger
than intended.
This revision eliminates some duplicate
language that is already in the R-1 zone
(Section 9-1M-12.B).
Page 2
May 8, 2018 Planning Commission Meeting
File: PL 17-923 Series 2 Code Amendment, Ordinance No. 18 -1032
The definition of "Yard, Front'; has been modified
so that the front ya rd is no longer the area
between the front property li ne and t he required
front yard setback. Instead the front yard wi ll now
be the area from the front property line to the
dwelling on the property.
Eliminates the admin i strative review procedure and
the three eli gible uses (Drive -I n Business,
Restaurants, and Service Stations) for th is rev iew in
the conditiona l use perm it section. Eli minates
Transfer Station from the conditi onal use permit
sect ion since the term is no longer specified in t he
Zoning Code.
Excessive noi se section is modified to simp lify
permitted construction work hours during the week
and reduce Saturday hou rs. A restriction has also
been added prohibiting construction on Sundays
and federal hol idays.
This restriction applies only to work that requires a
build i ng permit. Minor home improvement
projects such as pa i nti ng and other work not
requiring a bui lding permit would be allowed at
any time.
The cur rent restrictions on t he use of lawnmowers,
leaf blowers, etc. would remain unchanged.
Th is will resu lt in two notable changes to
address public safety concerns. Six-foot tall
walls and fences wi ll no longer be all owed
paralle l to the street in front of the house. The
modification will also prevent an accessory
bu ilding in front of the main dwelling.
Prohibiti ng a six-foot tall wall or accessory
structu re i n front of t he main house will provi de
more "eyes on t he street", which is a classic
theory of creating safer neighborhoods.
The admini strative review procedure was
e liminated by a previous ordinance, but this
remnant was inadvertently left i n the code.
Th is revis i o n addresses this incons istency and
makes it clear that all conditional use permits
require Planning Commission review. Transfer
Station was eliminated by a previous
ordinance, but th is was unintentional ly left in
the conditional use permit section.
The TCMC specifies construction hours, but
most projects include conditions of approva l
that impose more restrictive hours, sometimes
·leading to confusion about which hours are
app licable. Further, the TCMC r efers t o
properties within and over a quarter of a mile
from an inhabited dwelling. This is unnecessary
and confu si ng, since there are no p roperties in
Temp le City t hat are over a quarter of a mile
from an inha b ited dwelling. This revision makes
constructions hours consistent across al l
projects and eliminates ambigu ity. The
restriction of no construction on Sundays and
federa l holidays is responsive to frequent
com aints from residents and is a best ctice
Page 3.
May 8, 2018 Planning Commission Meeting
File: PL 17-923 Series 2 Code Amendment, Ordinance No. 18 -1032
Clarifies parking space requirements for ADUs in
the following manner: ·
Clarifies that ADUs can have tandem
parking (combined spaces must be 10 feet
by 40 feet), and
Sets a parking space size for open and
covered spaces using the same
requirements for guest parking spaces.
Specifies how to measure the height of a fence,
wall or hedge. Walls or fences in the front or street
side yards are measured from the lowest adjacent
grade when there is no retaining wa ll. Reta in ing
wa ll s are not counted towards the overa ll height in
any part of a property. If a property has a retaining
wall along the front or street sid e yard, an
additiona l fence, wall or hedge is all owed if a
three -foot setback is provided from the retaining
wa ll. On the interior side and rear yards wa ll s and
fences are measured from the highest grade.
used by neighboring jurisdictions and
consistent with conditions for new
developments requiring a public hearing (see
Attachment .
This revision shou ld have been made as part ·of
the recent ADU ordinance but was not included
due to an oversight. Since the parking
requirement for ADUs was reduced to one per
unit, the changes are needed to clarify the size
of each garage parking space and estab li sh
size requirements for open and covered
parking spaces for ADUs.
The determ in ation of how to measure a wall o r
fence was inadvertently removed from the
TCMC as part of a recent ordinance. This
revision restores that provision and clarifies
ambigui t i es regarding measuring heights in
sid e and rear yards versus front yards. The
revision makes the code consistent with the
intent, by maximizing wall height for privacy
purposes in side and rear yards.
Clar ifi es fence height in the front yard when houses The Series 1 Code Amendment added
have deep front yard setbacks. language addresses maximum fence heights in
the front yard where garages are
perpendicular to the street. This standard
overlooked situations when neighboring
properties have different front yard setbacks.
The revision addresses this issue by preventing
a six -foot tall wall or fence on the side
property line between the two houses i n the
front yard .
Page 4
May 8, 2018 Planning Commission Meeting
File: PL 17 -923 Series 2 Code Amendment, Ordinan ce No. 18-10 32
Establishes maximum heights for walls and fences
i n commercia l and manufacturing zones: four feet
on the front yard and eight feet on the sid e and
rear yard.
Add s lan guag e prohibitin g barb wire, concertina
(ra zor) wire, wrought iron with spikes, or any similar
sharp projections attached to a fence; also adds
that electrical fences are prohibited. Provides an
ex emption for public utility companies to install
security fencing at their public facilities, as long as
the hazardous fence materials is at l east seven feet
above the natural grade of a public right-of-way.
Removes ambiguity that could be argued to allow
second floor canti levering in the R-1 zone on the
side yard .
The code does not provide development
standards for wa l ls or fences for non-residential
properties. This revision makes the code
consistent with the intent to limit fence and
wall heights, whi le allowing some additional
flexibility for commercial and industrial
properties. The proposed standards are similar
to the adjacent communities. ·
The Zoning Code does not specifically prohibit
hazardous fence materials. These hazardous
fence materia l s are not attractive or desirable
on re sidenti al and commercial properties. Staff
recommends providing an exemption for public
utility companies and public agencies so t hey
can add hazardous fence materials to secure
their facilities.
Th is revis i on makes the l etter of the code
consistent with the intent that second floors
be l ocated at or behind the setback of the first
floor. The current code text could be
interpreted to allow the second floor to be
cantilevered, wh i ch i s not the intent of the
code.
Page 5
May 8, 2018 Plann ing Commission Meeting
File: PL 17 -923 Se ries 2 Code Amendm ent, Ordinance No. 18-1032
Revises con fl icting code t ext to set permeable area
i n the R-3 zone at 40 percent.
Thi s cha nge would se t some add ition al standa rds
o n ADU sizes. Establish minimum gross fl oor area
based on the n umber of bedrooms for new ADUs.
Studios ca nn ot conta in rooms exce pt for a
bathroom and a ki t chen. One-bedroom units must
co ntai n at leas t 640 squa re feet of gross fl oor area.
Tw o-bedroom u nits mu st co ntain at least 900
squa r e feet of gross floor area and cannot exceed
1,200 square f eet. An additional provision is added
stati ng t hat each den, o ffic e, li brary, study, or
sim ilar enclosed room wi ll be cons idered a
bedroom. Per revision to state law, the can
continue to r equ ire that the owner live o nsite, but
the City must all ow th e owner to live in either the
m ain dwell ing or the ADU.
Thi s change reduces the minimum numb er of
required parking spaces for newly co nst ru cted
detached ADUs to only one space.
There i s conflicting language in t he R-3
sta ndards re ferenci n g both 20 percent and 40
percent -permeability requi rement s. Thi s
revision removes t he inconsistency by setting
it at 40 percent, consistent w it h the R-2 zone.
Un like the R-1, R-2, and R-3 zones, the rece nt
ADU sec ti on does not provide a mi nimum
g ro ss f loor area based on the number of
bedrooms. Th is means an ADU co uld have
more bedrooms than the main dwelling on the
property. The purpose of the AD U is t o be
seco ndary to th e main dwe ll ing on t he
property. By not havi ng a mi nimu m gross floor
area based on the number of bedrooms in an
ADU, staff reli es on the b u ildin g code
st anda rds t o det ermi n e how many bedrooms
an ADU can have. The building code requ ires
only 70 square feet for each bedroom, with
on e of the dimensions requiring a minimum
w idt h of seve n feet. The propose d minimum
gross f l oor area is si mi l ar to t he R-2 and R-3.
Th e curren t parking requ i remen t for ADUs is
one parking space per bedroom. This revision
is necessary so the City's Zoning Code is
consist en t with new state ADU law.
Pa ge 6
May 8, 2018 Pl anning Commission Meeting
Fil e: PL 17-923 Series 2 Code Amendment, Ordinance No. 18-1032
FINDINGS:
TCMC Section 9-1G-O provides that the Zonin g Code may be "amended whenever the public interest and
necessity so require." There are no specific findings required to amend t he Zon ing Code or other t itl es
of the Municipal Code.
ENVIRONMENTAL REVIEW :
This project is exempt from environmenta l review under the Ca liforn ia Environmental Qual ity Act (CEQA)
pu rsuant to Secti on 15305 of the CEQA Guidelines pertaining to minor alterations to land use limitations
and Section 15061(b)(3) of the CEQA Gui del i nes because t h e project is not a project as defined in Sect io n
15378 and it can be see n with certa in ty to have no possibility of a si gnificant effect on the environment.
RECOMMENDATION :
Adopt the attached Resolution recommend in g that the City Cou n ci l adopt the p ro posed ordinance.
ATTACHMENTS:
1. Plann in g Comm ission Reso lution
2. Ordinance No. 18-1032
3. Survey of Adjacent Citi es N o i se Regulation s
Page 7
ATTACHMENT C
City of Temple City
Planning Commission
Staff Report
August 14, 2018
FILE: PL 17-923
ADDRESS : Cityw id e
DESCRIPTION : Series 2 Code Amendments of Title 9 (Zoning Regulations), Chapter 1
(Zoning Code)
APPLICANT: City of Temple City (staff-initiated)
PROJECT PLANNER: Adam Gulick, Associate Planner
ENVIRONMENTAL REVIEW : This project is exempt from the California Environmental Quality Act
(CEQA) as the proposed ord inance is not a "proj ect" as defined by
Sections 15061(b)(3) and 15378(b)(5) of the CEQA Gu idelines.
RECOMMENDATION: Adopt the attached Reso lution recommend i ng that the City Council
adopt th e proposed o rdin ance.
SUMMARY:
On May 8, 2018, the Pl anning Commission adopted a resolution recommending tha t the City Council
adopt the Series 2 Code Amendments ordinance, which would make vario us minor changes to the Zoning
Code. Prior to taking Series 2 before the City Council, planning staff identified an additional item that
needed to be included . The "open space" definition does not include any required yard areas w ith the
exception of requ ired si de yards if th e area is at least 10 feet in width and a minimum of 250 square feet
of contiguous area. Not being able to count the req uired rear yard towards the m in imum 500 square feet
of open space for the main dwelling creates issues for sma ll er properties. In particular, smal l er l ots w ith
detached garages located wi thi n the required rear yard and sma ll er lot s with attached garages located at
the back of the house built to the rear yard setback. Staff also noticed t hat the open space defi niti on
includes areas that are occupied by a non -habitab le accessory structure. Staff be lieves open space shou l d
be clear of any structure a llowing people to enjoy the outdoors (e.g., land scap ing, l ight, air, etc.).
Staff recommends modifying th e "open space" definition to includ e the rear yard and street side yard
towards the required open space, as follows:
OPEN SPACE: Ground fleef area other than a required yard area the required front yard area ,
driveway, swimming pool, or off street parking faci lity, whic h has an average gradient of not to
exceed five percent (5%), with no building or structure located there in, e><cept for nonhabitable .
structures used exclusively for recreational purpeses, and wffiER h as a m i nimum area of two
hundred fifty (250) contig u ous square feet with a minimum dimens ion of ten feet (10').
Netwithstanding any other provision of this section, "open space" sha l l include the required side
yard area of any interior lot provided said area comp lies with each of the other provisions hereof.
August 14, 2018 Pla nning Commissio n M ee t in g
File: PL 17-923 Se ries 2 Cod e Amendment, Ordinance No. 17-1028
FINDINGS:
TCMC Section 9-1G-O provides that the Zoning Code may be "amended whenever the public interest and
necessity so require." There are no specific findings required to amend the Zoning Code or other titles
of the Municipal Code.
ENVIRONMENTAL REVIEW :
This project is exempt from environmental review under the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the CEQA Guidelines because the ordinance is not considered a project
as defined in Section 15378 and it can be seen with certainty to have no possibility of a significant effect
on the environment.
RECOMMENDATION:
Adopt the attached Re solu tion recommending that the City Council adopt the proposed ordinance.
ATTACHMENTS:
1. Planning Commission Resolution
2. Ordinance No. 18-1032 (see page 13 , Section 10 fo r the open space re visions)
Page 2
ATTACHMENT D
City of Temple City
Planning Commission
Staff Report
September 11, 2018
FILE: PL 17-923
ADDRESS: Citywide
DESCRIPTION: Series 2 Code Amendments of Title 9 (Zoning Regulations), Chapter 1
(Zoning Code)
APPLICANT: City of Temple City (staff-initiated)
PROJECT PLANNER: Adam Gulick, Associate Planner
ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act
(CEQA) as the proposed ordinance is not a "project" as defined by
Sections 15061(b)(3) and 15378(b)(5) of the CEQA Guidelines.
RECOMMENDATION: Adopt the attached Resolution recommending that the City Council
adopt the proposed ordinance.
SUMMARY:
On August 14, 2018, planning staff brought back the Series 2 Code Amendments to the Planning
Commission after discovering an issue with the definition of "open space". During this public hearing
item, the Planning Commission provided support for staff's recommended changes to the definition of
open space and continued the item to September 11, 2018, requesting planning staff research nearby
cities to see if Temple City should modify our development standards for accessory dwelling units (ADUs).
Planning staff surveyed 13 nearby cities and have provided a summary of their ADU development
standards in Attachment 3. Staff recommends the following modifications to ADUs:
• Limit ADUs to a maximum of 800 square feet (page 12 of Attachment 2)
• Limit the types of rooms in a studio or bachelor ADU (page 12 of Attachment 2)
• Establish a minimum size of 600 square feet for a one-bedroom ADU (page 12 of Attachment 2)
• Establish a minimum size of 700 square feet for a two -bedroom ADU (page 12 of Attachment 2)
• Specify that accessory structures legally constructed prior to January 1, 2017, are eligible to be
converted to an ADU and retain existing side and rear yard setbacks (page 12 of Attachment 2)
• Establish a minimum lot size of 6,000 square feet for new ADUs (page 12 of Attachment 2)
• Reduce the maximum size of accessory structures on the property, with the exception of required
garage parking, to 1,400 square feet (page 13 of Attachment 2)
September 11, 2018 Planning Commission M eet ing
Fil e: PL 17-923 Series 2 Code Amendment, Ordinance No. 17-1028
FINDINGS:
TCMC Section 9-1G-O provides that the Zoning Code may be "amended whenever the public interest and
necessity so require." There are no specific findings required to amend the Zoning Code or other titles
of the Municipal Code.
ENVIRONMENTAL REVIEW:
This project is exempt from environmental review under the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the CEQA Guidelines because the ordinance is not considered a project
as defined in Section 15378 and it can be seen with certainty to have no possibility of a significant effect
on the environment.
RECOMMENDATION :
Adopt the attached Resolution recommending that the City Council adopt the proposed ordinance.
ATTACHMENTS:
1. Planning Commission Resolution
2. Ordinan ce No. 18-1032 (see page 13, Section 10 for the open space revisions)
3. Accessory Dwelling Unit Survey
Page 2
ALHAMBRA
ARCADIA
AZUSA
DUARTE
EL MONTE
MONROVIA
MONTEREY PARK
L.A. COUNTY
PASADENA
ROSEMEAD
SAN GABRIEL
SAN MARINO
WEST COVINA
CONSTRUCTION HOURS SURVEY MAY 8, 2018
7:00AM 8 :00AM MON-SAT SUNDAY NOT A LLOWED
7 :00AM 6:00PM MON-FRI SAT 8:00AM-5:00PM AND SUNDAY NOT A LLOWED
7:00AM 7:00PM MON-SAT SUNDAY NOT AL LOWED
7 :00AM 7:00PM MON-SAT SUNDAY NOT ALLOWED
6:00AM 7:00PM MON-FRI SAT-SUN 8 :00AM-7:00PM
7 :00AM 7:00PM MON-SAT SUNDAY 9 :00AM-6:00PM
7:00AM 7:00PM MON-FRI SAT-SUN 9 :00AM-6:00PM
6 :30AM 8:00PM MON-SAT SUNDAY NOT ALLOWED
7 :00AM 7 :00PM MON-FRI SAT 8 :00AM -5:00PM AND SUNDAY NOT ALLOWED
7 :00AM 6:00PM MON-SAT SUNDAY NOT ALLO W ED
7:00AM 7 :00PM MON-FRI SAT 8:00AM-4:00PM AND SUNDAY NOT ALLOWED
7:00AM 6:00PM MON-FRI SAT 9:00AM -4:00PM AND SUNDAY NOT ALLOWED
7:00AM 8:00PM MON-SAT SUNDAY NOT ALLOWED
NOT ALLOWED
NOT ALLOWED
NOT ALLOWED
NOT ALLOWED
8 :00AM-7:00PM
NOT ALLOWED
9:00 A M-6:00 PM
NOT ALLOWED
NOT ALLO W ED
NOT ALLOWED
NOT ALLOWED
NOT ALLOWED
NOT ALLOWED
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ACCESSOR Y DWELLING UNIT SURVEY AUGUST 28, 2018
CITY
MINIMUM lOT
SIZE
MAXIMUM UNIT SIZE BEDROOM liMIT
AL HAMBRA 6,SOO SF SO pece nt of m ain dwelling unit or 1,200 SF, whicheve r is
N/A less
~ 7,500 SF SO perce nt of main dwell in g unit or 800 SF, whichever is less
ARCADIA 7,S01-15,000 SF 50 percent of main dwelling unit o r 1,000 SF, whichever is N/A l ess
'
> 1S,OOO SF SO per ce nt of main dwelling unit or 1,200 SF, whichever i s
less
AZUSA N/A
SO percent o f main dwelling unit or 1,200 SF, whichever is
2 bedrooms less
DUARTE 6,000 SF SO percent of main dwe ll ing unit up t o 400 SF for lot s up to 1 bedroom 1S,OOO SF and up to 700 SF f o r l ots over 1S,OOO SF
EL MONTE N/A SO p er ce nt of m ai n dwelling unit or 800 SF, whi cheve r is less 2 b edroo m s .
N/A Attac he d -size limit subject to FAR
MONROVIA 1 b edroom
N/A Detach ed -up to 800 SF
MONTEREY PARK N/A
SO percent of main dwe lling unit or 1,200 SF, wli ichever is
2 bedrooms less
7,200 -10,000 SF SO perce nt of m ain dwelling unit or 800 SF, whichever is less
PA SA DENA N/A
~ 10,000 SF
50 percent of main dwelling unit or 1,200 SF, w hichever is
less
RO SE MEAD N/A
SO percent of m ai n dwelling un it o r 1,200 SF, w hichever i s 2 bedrooms
less
SAN GABR I EL 6,000 SF SO pe rc ent of main dwelling unit or 800 SF, whicheve r is less 2 b edrooms
SA N MARINO 12,000 SF 30 percent of m ain dwelling or 1,000 SF, whichever is l es s N/A
12,SOO SF
Attached -SO percent of the main dwelling o r 1,200 SF,
w hi chever is less
SO UTH PASADE NA N/A
12,SOO SF Det ac he d -not to exceed 1,200 SF
12,000 SF Att ac h ed -SO p er ce nt o f the main dwe lling or 800 SF,
N/A whi chever is less
W EST COV I NA
12,000 SF Detached -SO percent of the main dwell i ng 2 bedroom s