HomeMy Public PortalAbout12) 7F Second Reading and Adoption of Ord No. 18-1032 Series 2 Code AmendmentDATE:
TO:
FROM:
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
February 5, 2019
The Honorable City Council
Bryan Cook, City Manager
Via: Michael D. Forbes, Community Development Director
Scott Reimers, Planning Manager
By: Adam Gulick, Associate Planner
AGENDA
ITEM ?.F .
SUBJECT: SECOND READING AND ADOPTION 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 requested to adopt and waive further reading of Ordinance No . 18-
1032 amending Title 9 (Zoning Regulations), Chapter 1 of the Temple City Municipal
Code (TCMC).
BACKGROUND:
On January 15, 2019, the City Council introduced Ordinance 18-1032 for first reading, by
title only, amending Title 9, Chapter 1 of the TCMC.
ANALYSIS:
From time to time as staff administers the Zoning Code (TCMC Title 9), staff identifies
necessary improvements and clarifications . These miscellaneous modifications to Title 9
are assembled into an omnibus ordinance (Series 2 Code Amendments). As the
Community Development Department is in the mid$t of finalizing a new Zoning Code,
staff limited items in the proposed Series 2 Code Amendment to minor changes
consistent with the direction already established in the Zoning Code and proposed to
amend various definitions by removing outdated or duplicate language in other sections
of the Zoning Code.
On August 14, 2018, the Planning Commission requested that planning staff survey
nearby cities to see if Temple City should modify our development standards pertaining
City Council
February 5, 2019
Page 2 of 2
to accessory dwelling units (ADUs). The Planning Commission recommended that the
City Council adopt Series 2 Code Amendments to include modifications to the ADU
development standards that reduce the maximum ADU size to 800 square feet, establish
a minimum lot size of 6,000 square feet for an ADU, and establish that only accessory
structures legally constructed prior to January 1, 2017, are eligible to be converted to an
ADU and retain existing setbacks. The City Council concurred with the Planning
Commission's recommendation and adopted Series 2 Code Amendment with no
changes.
CITY STRATEGIC GOALS:
The proposed Ordinance furthers the City's Strategic Goals of Good Governance by
updating the Municipal Code to reflect current legislation and case law, best practices,
and the community's values.
FISCAL IMPACT:
This item will not have an impact on the Fiscal Year 2108-2019 City Budget.
ATTACHMENTS:
A. City Council Ordinance 18-1032
B. City Council staff report dated January 15, 2019
ATTACHMENT A
ORDINANCE NO. 18-1032
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, AMENDING TITLE 9, CHAPTER 1 OF THE
TEMPLE CITY MUNICIPAL CODE
WHEREAS, the City of Temple City ("City") has adopted a General Plan to ensure a well-
planned and safe community; and
WHEREAS, protection of public health, safety, and welfare is fully articulated in the General
Plan; and
WHEREAS, State law requires that the Temple City Zoning Code, found in Title 9, Chapter
1 of the Temple City Municipal Code ("TCMC'), conform with the General Plan's goals and policies;
and
WHEREAS, it is necessary from time to time to update the zoning ordinance to bring it
into conformity with State law and to address public health, safety, and welfare concerns that have
arisen since the last update of the Temple City Zoning Code; and
WHEREAS, on July 11, 2017, planning staff had a discussion item with the Planning
Commission to go over various items in the Zoning Code (Series 2 Code Amendments) that
planning staff has observed that need clarifications or improvements; and
WHEREAS, on October 10, 2017, at a duly noticed public hearing on City-initiated Zoning
Code Amendments (Series 2 Code Amendments) amending various items in the Temple City
Municipal Code, the Planning Commission held a public hearing and continued to the item to a
date uncertain; and
WHEREAS, on May 8, 2018, at a duly noticed public hearing on 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, prior to scheduling the Series 2 Code Amendments for a City Council meeting,
Planning staff discovered an issue with the definition of "Open Space" that needed to be
addressed. On August 14, 2018, at a duly noticed public hearing on the Series 2 Code
Amendments, the Planning Commission considered all staff reports, studies, testimony, and
environmental information presented. During the meeting, the Planning Commission gave
support for the "Open Space" modification, but requested that staff research accessory dwelling
unit (ADU) standards in nearby cities and bring back recommendations at the Planning
Commission 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 AD Us 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 requested to continue the item to the November 20, 2018 City
Council meeting to allow additional time to thoroughly review the proposed amendments.
WHEREAS, on November 20, 2018, at a continued public hearing, City staff requested to
continue the item to the December 18, 2018 City Council meeting.
WHEREAS, on December 18, 2018, at a continued public hearing, the City Council
continued the item to the January 15, 2019 City Council meeting.
WHEREAS, on January 15, 2019, at a continued public hearing, 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 {±§.'1 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 shalt 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 QU,6 ,RTERS: The same as the definition of Guesthouse.
Ordinance No. 18-1032
Page 3 of 16
FLOOR AREA RATIO: The total gross floor area included within the surrounding exterior walls of a
building(s) or portion thereof divided by the ~ lot area of the lot, prior to any required
dedications. In calculating floor area ratio (FAR), the exterior walls sRall must be counted as gross
square footage. For residential uses (not mixed use or commercial), the floor area sRall must be
counted twice for any portion of the dwelling where the distance between the floor and the ceiling
directly above exceeds twelve 12 feet fQ'} and in instances where the height of a single-story
structure or single-story portion of a two-story structure exceeds eighteen 18 feetf.hlB. For single-
family structures and in the R-1 zone, the floor area ratio limitations sRall will apply to:
B. Accessory structures not including required parking, but including garages areas in
excess of required parking code requirements, guesthouses, pool houses, playrooms,
second unit housing accessory dwelling units, and the like.
LOT, AREA: The total area, measured in a horizontal plang, included within the lot lines of a lot.
Any portion of a lot area which is within a designated flood Flood control easements and driveway
easements providing access to tiered or flag lots sRall are not be considered as usable lot area for
purposes of determining or calculating permitted density, lot coverage, floor area ratio, permeable
area, etc.
LOT 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
B. A parcel of real property, the dimensions and boundaries of which are defined by a
recorded record or survey map; or
C. A parcel of real property shown on a parcel map or tract map, recorded pursuant to the
provisions of the subdivision map act; or
D. A parcel of real property lawfully created and dimensioned rn accordance with city
ordinances prior to January 1, 1967.
The rninirnurn frontage upon a public street or high·Nay for R 1 zoned lots shall be silcty
feet (60') mccept for cui de sacs and knuckles, in which cases the rninirnurn frontage rnay
be reduced to thirty five feet (35') provided the average lot width is silcty feet (60').
~Jcception: R 1 zoned lots in mdstence on the effective date of this chapter (May 5, 1988)
rnay be subdivided subject to the following restrictions:
1. ~Jo mdsting lot shall be subdivided into rnore than tvJo (2) lots.
2. ~ach subdivision shall be subject to the approval of a parcel rnap.
3. The original mdsting lot to be st~bdivided shall have a street Frontage of at least
Ordinance No. 18-1032
Page 4 of 16
seventy teet (70') but less than one hundred teet (100'), and
4. Each such subdivision shall be limited to the creation ot no more than one i'lag lot,
with a minimum street hontage oi' i'ifteen i'eet (15'), and
5. A minimum oi' seven thousand tvvo hundred (7,200) square teet ot lot area shall be
provided per newly created lot, mcclusive oi' any "pole" portion ot a i'lag lot.
€i. No such "flag lot" subdivision shall be created on ~alifuJc Road between Daines
Drive and Live Oak /\venue, legally described as lots #1 12, block A, lots #1 8, block B
and portion ot lots #9 11, block B oi' tract no. 11€i95, Los Angeles County recorder
map book 215 23 24 and a portion ot lot 32 ot E.J. Baldwin's Addition #1 to Santa
Anita Colony, Los Angeles County recorder's miscellaneous records 52 €i0, as shovm
on eJchibit /\.
7. No "tlag lot" created after September 15, 1989, under the provisions ot this section
shall be improved with any structure which mcceeds twenty i'eet (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 4\a# 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 uses that reference an obsolete review process as follows:
The following uses 4\a# may be permitted in all zones (except in the residential zones unless
otherwise herein provided) provided that a conditional use permit is first obtained pursuant to
the provisions of part 3 of this article. Uses designated by a** in the i'ollowing list ot uses shall be
approved through an administrative review procedure:
Drive-in business.**
Restaurants.**
Service stations.**
Transi'er Stations.
SECTION 3: Section 9-1I-1 of the TCMC (REGULATION OF EXCESSIVE NOISE) is amended as
follows:
Ordinance No. 18-1032
Page 5 of 16
G. Private construction projects located one fourth ('h) of a mile or more from an inhabited
dwelling.
G. H Private construction projects located ·.vithin one fourth C'f4) of a mile from an inhabited
dwelling, provided that construction does not occur between the hours of seven o'clock (7:00)
P.M. and seven o'clock (7:00) A.M. Construction projects requiring a building permit are
exempt from noise regulations, provided that such construction activities occur on weekdays
between 7:00 A.M. and 7:00 P.M .. and Saturdays between 8:00 A.M. to 4:00 P.M. No
construction work is allowed on Sundays or federal holidays.
H.-+. Property maintenance, including, but not limited to, the operation of lawn mowers, leaf
blowers, etc., provided such maintenance occurs between the hours of seven o'clock (7:00)
7:00A.M. and seven o'cloc/c (7:0017:00 P.M.
L h Motor vehicles, other than off highway vehicles. This exemption does not include sound
emanating from motor vehicle sound systems.
L K, Heating and air conditioning equipment.
K. b 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. J>.h 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. P, Isolated singular noises (not exceeding ;?, two seconds) not repeated within siJ<ty (€i0) 60
minutes.
P. Q, Matters preempted by state or federal law.
Q. R, Matters involving the reasonable exercise of constitutional guarantees unless outweighed
by compelling governmental interests or appropriate exercise of the police power.
R. & "Emergency work" as defined under section 9-11-2 of this article.
S. +o Noise as to which there is specific consent from all affected persons. (Ord. 08 920)
SECTION 4: Section 9-1J-7(A)(1)(c) ofthe TCMC (Off Street Parking Requirement) is amended as
follows:
Ordinance No. 18-1032
Page 6 of 16
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 tef\ 10 feet fW'1
in width by feHy 40 feet {4G} in length. Open and covered parking spaces for accessory
dwelling units must comply with the size requirements specified in 9-1J-7(A)(bl.
SECTION 5: Section 9-1K-6 (WALL, FENCE OR HEDGES) is reformatted and amended as follows:
All proposed walls, fences or hedges, must comply with the requirements of this Section.
A. Wall, fence or hedge height measurement.
.L The maximum height for walls, fences or hedges in the front and street side yard must
be measured from the lowest adjacent grade to the top of the wall, provided the grade
difference from the public right-of-way is 12 inches or less.
Front Yard Wall, Fence or Hedge Height Measurement Diagram
Wall and Fence Height
Measurement in Front Yard
When There is Less Than
12 Inches of Grade
Difference
2. The following provisions apply to grade differences of more than 12 inches abutting a
public right-of-way:
g_, For the purposes of this section. a retaining wall is when there is more than 12
inches of difference from the public right-of-way.
b. Retaining walls located in the front and street side yard are allowed up to three
feet in height.
Ordinance No. 18-1032
Page 7 of 16
s;, Properties with retaining walls in the front yard are allowed to install an
additional fence as long as a three-foot setback is provided from the retaining
wall. The fence must be non-view obscuring and comply with the height
requirements of Section 9-1K-6rBl.
d. Properties with retaining walls on the street side yard are allowed to install an
additional fence as long as a three-foot setback is provided. The fence must
comply with the requirements of Section 9-1K-6(B).
Front and Street Side Yard Retaining Wall Diagram
Non-View Obscuring Fence
Allowed in the Font Yard Only
Subject to Section 9-lK-6(8)
Retaining Wall Allowed Up
To Three Feet
3., The maximum height for walls and fences on an interior side and rear yard must be
measured from the highest adjacent grade. Retaining walls up to three feet in height
will not be counted towards the maximum height on the side and rear yard.
Ordinance No. 18-1032
Page 8 of 16
Interior Side and Rear Yard Wall Height Measurement Diagram
Wall and Fence Height
Measurement For
Interior Side and Rear
Yards
Retaining Walls Up to Three
Feet Are Not Counted
Towards Maximum Height
4. The maximum height will be measured in a continuum at each point along the wall or
fence.
B. Height limits for walls and fences in residential zones.
1, A wall, fence, or security gate not more than six feet{&} in height may be located and
maintained on any part of an R zoned lot except those areas comprising the front yard
and, along a corner side yard, the driveway visibility area.
:& In front yards (the area between the front of the house and the front lot line), the
maximum height of a wall, fence or hedge shall be i.2 limited to a maximum of #liHy
5iJ< 36 inches ~ when view obscuring or a maximum of forty two 42 inches f'hA
when non-view obscuring.
3. No security gate, regardless of height, sfta.ll will be permitted when said security gate
blocks vehicular access to a multiple-family residential project which has or will have
required guest parking.
4. In the driveway visibility area, which only applies to driveways in a corner side yard, the
maximum height of a wall, fence or hedge sfta.ll will be thirty siJ< 36 inches~-The
driveway visibility area is the triangular area extending at an angle of forty five 45
degrees ~from the street property line to a point on the edge of the driveway tef\
Ordinance No. 18-1032
Page 9 of 16
10 feet fhG-'} from the street property line (see the "Driveway Visibility Area Diagram",
of this section). The driveway visibility area slhlll will not apply to garages taking access
from an alley.
Driveway Visibility Area Diagram
.5.., In cases where a garage is located in the front of the property and the garage door is
perpendicular to the street any fence crossing the driveway shall be ~ limited to a
maximum of thirty sil' 36 inches f.>B"} when view obscuring or a maximum of forty two
42 inches {4-2"1 when nonview obscuring (see the "Fences Perpendicular To Driveways
Diagram", of this section).
Ordinance No. 18-1032
Page 10 of 16
Fences Perpendicular To Driveways Diagram
Ptiveway
two inches when non"
view obstructing
6. A fence or wall up to six feet in height is allowed in the front yard on parcels where the
adjacent house or garage is setback further than the house or garage on the parcel as
shown in the diagram below. The fence or wall may not be closer to the front lot line
than the adjacent house or garage.
Different Front Yard Setback Diagram
I •
I, ..... ~~SJ
,:
LL~-""====~ .... i~Fence height allowed
up to six feet
I.
I
.. I
Ordinance No. 18-1032
Page 11 of 16
C. Nonresidential zoning districts. The maximum height of a wall or fence within the commercial
and industrial zoning districts. including the Crossroads Specific Plan, must be as follows.
1. Front and corner side setbacks.
a. The maximum height of a wall or fence along a street frontage is four feet when
the wall or fence is in front of a structure.
b. Walls and fences abutting a public sidewalk must have a three-foot setback
that is continuously maintained with landscaping and irrigation.
2. Interior side and rear setbacks.
a. The maximum height of a wall or fence may be eight feet.
b. The height of the wall or fence must step down to four feet when located within
five feet of the street property line(s).
3. When abutting a residential zoning district. The minimum height of a wall located
within five feet of a street property line(sl should be equivalent to the maximum height
for a solid wall or fence in the development standards of the abutting residential
zoning district.
4. Design standards for walls and fences.
a. All walls and fences must be a mm1mum 50 percent open, except in the
following situations:
(1) Walls and fences abutting a residential zoning district will be
constructed only from brick, concrete. or masonry that complement the
building.
(2) A solid masonry wall is required to screen outdoor storage areas.
b. All walls and fences within five feet ofthe front property line must have a stucco
appearance or split face to complement the building.
c. Walls and fences along the front property line used to screen adjacent parking
lots must have a three-foot setback that is landscaped and irrigated.
d. Chain-link fences are not allowed in the front or street side yards. but may be
allowed in rear and interior side yards.
D. No fence or wall is allowed to contain barb wire, concertina (razor) wire. wrought iron with
spikes. or any similar sharp projections attached to a fence deemed hazardous by the
Community Development Director. Electrical fences are prohibited. Security fencing for
facilities owned by a public utility or government agency may include items listed above
provided the hazardous items are at least seven feet above the natural grade of a public right-
of-way.
Ordinance No. 18-1032
Page 12 of 16
SECTION 6: Section 9-1M-12(C)(2) of the TCMC (SINGLE-FAMILY RESIDENCE, STANDARDS OF
DEVELOPMENT) is amended as follows:
2. Side Yards: Each lot in the R-1 zone 4lalt must maintain the following side yards:
a. Interior Lots: Interior lots 4lalt must maintain a side yard adjacent to each side lot line not
less than five feet~ for the first story portion of a building or ffiA 10 percent (10%) of the
lot width, whichever is greater. The second story setback on both sides 4lalt may not equal
less than fifteett 15 feet~ when combined, but 4lalt may never be less than five feet~
or 10 percent of the lot width, whichever is greater. /\t no time and at no point shall the
second story setback be less than the first floor setback on any lot. The second story can
overhang on the side yard, as long as it is not less than the required setback for the first floor
and it is not greater than four feet in depth or 25 square feet.
b. Corner Lots: Each corner lot 4lalt must maintain the following side yard requirements:
(1) On the side lot line which abuts another lot the side yard sRall must be five feet~ for
the first story portion of a building or ffiA 10 percent {W%)--of the lot width, whichever is
greater. The second story setback on both sides 4lalt may not equal less than twenty 20
feet~when combined, but shall and may never be less than five feet~ or 10 percent
of the lot width, whichever is greater. At no time and at no point shall the second story
setback be less than the first floor setback on any lot. The second story can overhang on
the side yard, as long as the second floor is not less than the required setback for the
first floor and it is not greater than four feet in depth or 25 square feet.
(2) On the street side, the required side yard 4lalt must be ten feet (10') in width, for the first
story portion of the building. The second story setback on both sides 4lalt must not
equal less than twenty 20 feet~ when combined, but 4lalt must never be less than
ffiA 10 feet fW't. At no time and at no point shall the second story setback be less than
the first floor setback on any lot. The second story can overhang on the street side yard,
as long as the second floor is at least 10 feet from the property line and it is not greater
than four feet in depth or 25 square feet.
SECTION 7: Section 9-1M-32(A)(3) of the TCMC (R-3 MULTI-FAMILY RESIDENTIAL STANDARDS
OF DEVELOPMENT) is amended as follows:
3. Permissible Lot Coverage: Buildings, including accessory buildings and structures, 4lalt may not
cover more than fifty 50 percent ~ of the area of any lot. Furthermore, at least twenty 40
percent~ of the lot area 4lalt must be permeable; these areas may must be maintained with
landscaping, appropriate ground cover, permeable pavers or other acceptable pervious materials,
but may not be covered with structures, concrete or asphalt.
Ordinance No. 18-1032
Page 13 of 16
SECTION 8: Section 9-1T-10(B) of the TCMC (SPECIAL USES, ACCESSORY DWELLING UNITS) is
amended as follows:
3. The single-family dwelling or accessory dwelling unit must will be owner occupied.
5. An accessory dwelling unit may be detached, attached, or located within the living area of the
main dwelling or another accessory structure.
a. If the accessory dwelling unit is detached, it must comply with the size limitations for
accessory structures in section 9-1M-11 of this chapter and must not exceed eRe
thousand two hundred (1,200) 800 square feet and must be single-story. The maximum
height of the structure must not exceed eighteen 18 feet {±&1, measured from the
natural grade to the highest roof ridge or parapet. The height of the top plate must not
exceed nine feet {!B.
b. If the accessory dwelling unit is attached or located within the main dwelling, it must
not exceed a size equal to fifty 50 percent f§G-%1 of the main dwelling, with a maximum
floor area of one thousand two hundred (1,200) 800 square feet.
6. The maximum size of an accessory dwelling unit is 800 square feet. The maximum number of
bedrooms for an accessory dwelling unit will be determined by the gross floor area:
a. There will be no minimum gross floor area for studios or bachelor units. Studios and
bachelor units cannot exceed 800 square feet of gross floor area. For the purposes of
this section, a studio or bachelor unit cannot contain enclosed rooms with the exception
of a bathroom and kitchen.
b. One bedroom units must provide a minimum of 600 square feet of gross floor area and
cannot exceed 800 square feet of gross floor area. For the purposes of this section, a
den, library, study or similar enclosed room will be considered a bedroom.
c. Two bedroom units must provide a minimum of 700 square feet of gross floor area and
cannot exceed 800 square feet of gross floor area. For the purposes of this section, a
den, library, study or similar enclosed room will be considered a bedroom.
z. ~All accessory dwelling units must be located on the rear fifty 50 percent {§G-%1 of the lot.
lL +.--The minimum side yard setback for a newly constructed detached accessory dwelling unit is
five feet~.
2., &--The minimum rear yard setback for a newly constructed detached accessory dwelling unit is
10 ter\ feet fb{A.
10. 9-c-The existing side and rear yard setback may be maintained for an existing garage or other
permitted existing accessory structure built prior to Januarv L 2017, that is converted to an
Ordinance No. 18-1032
Page 14 of 16
accessory dwelling unit. Accessory structures and additions constructed without building permits
are required to comply with the current development standards.
11. -'14-An addition to a legally non-conforming accessory structure for the purpose of creating
an accessory dwelling unit 5Hall must comply with the provisions found in section 9-1H-8,
"Additions To Nonconforming Structures", of this chapter.
12. ±±-The accessory dwelling unit may share utility connections and meters with the main
dwelling, or may be separately connected and metered. Utilities must be upgraded as deemed
necessary by the building official to comply with the applicable codes, including but not limited
to sewer laterals, electrical service panels, and water service.
13. ±6-Accessory dwelling units are subject to park construction fees per section 9-5-2 of this title.
14. The minimum lot size for a new accessory dwelling unit is 6.000 square feet.
SECTION 9: Section 9-1T-10(C) of the TCMC (SPECIAL USES, ACCESSORY DWELLING UNITS) is
amended as follows.
1. Detached accessory dwelling units will must provide one f±1 garage, covered. or open parking
space per bedroom. The following standards will apply:
a. Parking may be in tandem in a structure or on a driveway.
ih &.-It The required parking may be located in the side and rear setback areas when a five
foot ~landscaped buffer is provided between the nearest property line and the
parking area.
b. 0.--The required parking for a detached accessory dwelling unit must be independent
from required parking for the existing main dwelling and must not block access to the
required parking for the main dwelling.
3. When a garage or carport. constructed prior to January L 2017, is converted or demolished in
conjunction with the construction of an accessory dwelling unit, the replacement spaces may be
located in any configuration on the same lot, including, but not limited to, as covered spaces,
uncovered 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 fiBef area other than a required yard area the required front yard area,
driveway, swimming pool, or off street parking facility, which has an average gradient of not to
exceed five percent{!>-%}, with no building or structure located therein, eJrcept for nonhabitable
structures used mrclusively for recreational purposes, and wftiER has a minimum area of twB
hundred fifty (250) 250 contiguous square feet with a minimum dimension of tef\ 10 feet fW}.
Ordinance No. 18-1032
Page 15 of 16
Notwithstanding any other provision of this section, "open space" shall 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-ll(B) of the TCMC is amended as follows:
B. Accessory Structures: Accessory structures must be limited to one f1t per lot, including
accessory dwelling units, pool houses, workshops, shed, and the like, but not including required
garages. On lots improved with a main dwelling that is greater than or equal to one thousand two
hundred eighty (1,280) 1,280 square feet, the maximum area for accessory structures on a lot -
excluding required parking -must not exceed one thousand eight hundred (1,800) 1,400 square
feet or fifty 50 percent {§G-%1 of the living area of the main dwelling, whichever is smaller. On lots
improved with a main dwelling that is less than one thousand two hundred eighty (1,280) 1,280
square feet, the maximum area for all accessory structures on a lot-excluding required parking -
must not exceed sil( hundred forty (640) 640 square feet. (1960 Code; amd. Ord. 77-452; Ord. 87-
603; Or d. 03-888; Or d. 17 -1022)
SECTION 12: The City Council declares that, should any provision, section, subsection, paragraph,
sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared
invalid or unconstitutional by any final court action in a court of competent jurisdiction or by
reason of any preemptive legislation, such decision or action will not affect the validity of the
remaining section or portions of the Ordinance or part thereof. The City Council declares that it
would have independently adopted the remaining provisions, sections, subsections, paragraphs,
sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or
more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be
declared invalid or unconstitutional.
SECTION 13: The City Council, in light of the whole record before it, including but not limited to,
any evidence (within the meaning of Public Resources Code Sections 21080(e) and 21082.2) within
the record or provided at the public hearing of this matter, hereby finds and determines that the
project is exempt from California Environmental Quality Act ("CEQA") pursuant to Section 15305
(Minor Alternations to Land Use Limitations) of the CEQA Guidelines. The City Council also finds
that the proposed Ordinance is exempt in accordance with Sections 15378, 15060(c)(2), and
15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no
possibility that the proposed Ordinance will have a significant effect on the environment.
SECTION 14: The City Clerk shall certify to the passage and adoption of this Ordinance and to its
approval by the Mayor and shall cause the same to be published according to law.
Ordinance No. 18-1032
Page 16 of 16
PASSED, APPROVED, AND ADOPTED this 5th day of February, 2019.
William Man, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Clerk Eric S. Vail, City Attorney
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 15 1h day of January 2019, and was duly passed, approved, and adopted
by said Council at the regular meeting held on the S'h day of February 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council member-
Council member-
Council member-
Council member-
Peggy Kuo, City Clerk
ATTACHMENT 8
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: January 15, 2019
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via : Michael D. Forbes, Community Deve lopment Director
Scott Reimers , Planning Manager
By : Adam Gu lick, 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)
RECOMMENDAT ION:
The City Counci l is requested to:
1. Introduce for first reading by title only and waive further reading of Ordinance No .
18-1032 (Attachment "A"), amending 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 fo r February 5 , 2019 .
BACKGROUND:
1. On July 11, 2017, planning staff had a discussion item w ith 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 pub li c heari ng for the
proposed Series 2 Code Amendments, but continued the item to a date uncertain .
3. Ori May 8, 2018, the Planning Commission reviewed the proposed Series 2 Code
Amendments. The Planning Commission staff report (Attachment "C") provides
information about the need and rationale for the proposed amendments . The
Planning Commission recommended that the City Counci l adopt Ordinance No .
18-1032 .
City Council
January 15, 2019
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 "Open Space" (Attachment "D"). 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
"E"). The Planning Commission recommended that the City Council adopt
Ordinance No. 18-1 032 as revised to include certain ADU standards.
6. On October 2, 2018, the City Council continued this item to the November 20,
2018, City Council meeting. The City Council requested additional time to
thoroughly review the proposed amendments.
7. On November 20, 2018, staff requested that the City Council continue the item to
December 18, 2018, City Council meeting.
8. On December 18, 2018, the City Council continued this item to the January 15,
2019, City Council meeting.
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 process of developing a
new Zoning Code, staff has limited the items in the proposed Series 2 Code
Amendment to changes that are consistent with the direction already established in the
Zoning Code. Staff has provided a detailed summary of the Series 2 Code Changes
and reason for each amendment (Attachment "B"). Below is a brief summary of the
changes:
• Makes the Zoning Code internally consistent for how a structure is measured;
removes "detached living quarters" in the definition section that is no longer used
in the Zoning Code; clarifies that development 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 );
City Council
January 15, 2019
Page 3 of4
• 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 federal 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);
• 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 "F"), 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
City Council
January 15, 2019
Page 4 of4
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
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. Summary of Series 2 Code Changes
C. Planning Commission Staff Report, May 8, 2018
D. Planning Commission Staff Report, August 14, 2018
E. Planning Commission Staff Report, September 11, 2018
F. Construction Hours and Accessory Dwelling Unit Surveys