HomeMy Public PortalAbout11) 8B Intro and First Reading of Ordinance 18-1032, Amending Temple City Municipal Code (Series 2 Code Amendments)AGENDA
ITEM 8.8.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE:
TO:
FROM :
MEMORANDUM
January 15 , 2019
The Honorable City Council
Bryan Cook , City Manager
Via: Michael D. Forbes, Community Development D irector
Scott Reimers , Planning Manager
By : Adam Gulick, Associate Planne r
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 requested to :
1. Introduce for first read ing by titl e only and waive further reading of Ord i nance 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 read i ng of Ordinance No . 18-1032 for February 5 , 2019 .
BACKGROUND:
1. On July 11 , 2017 , plann i ng staff had a discussion item with the Planning
Commission to go over va rious items in th e Zoning Code that plann ing staff has
observed that need clarifications or improvements .
2 . On October 10 , 2017 , the Planning Commission held a publi c hea ring fo r the
proposed Series 2 Code Amendments , but continued the item to a date un certain .
3. On May 8, 2018, the Planning Commiss ion revi ewed the proposed Series 2 Code
Am e ndments . The Plann ing Commission staff report (Attachment "C") provides
information about the ne ed and rationale for the proposed amendments. The
Planning Commission recommended that the City Council adopt Ordinan ce 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 mod ify 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. 18-1032 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 D ivision 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 defi nition to
prevent someone from putting up a si x-foot tall wall or a detached accessory
structure in front of the main house (Ordinance Section 1 );
City Counci l
January 15, 2019
Page 3 of 4
• Elim inates the reference to the Administrative Review Procedure in the
Conditional Use Permit section that was previously eliminated (Ordinance
Section 2);
• Simplifies the excess ive noise section for permitted construction hours during the
week and reduce s wo rk hours on Saturday. Also prohibits construction on
Sundays and federal hol idays (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"), ba sed on a Memorandum
issued by the California Department of Housing and Community Development (HCD).
The HCD Memorandum indicated that juri sdi ctions 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 citie s , 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 cons istent 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 deve lopment standards for nearby cit ies to
,-------·----------
City Council
January 15 , 2019
Page 4 of 4
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 con verted and retain existing side and
rear yard setbacks. After surveying 13 nearby cities, planning staff proposed the
following c hanges 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 (p reviou s ly 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 th is 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
ATTACHMENT A
ORDINANCE NO. 18-1032
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMP LE
CITY, CAUFORNIA, AMENDING TITLE 9 , CHAPTER 1 OF THE
TEMPLE CITY MUNICIPAL CODE
WHEREAS, the City of Templ e City ("C ity") has adopted a Ge neral Plan to ensure a we l l-
planned and safe co mmunity; and
WHEREAS, protect ion of publi c health, safety, and we lfare is fully arti cu lat ed i n the General
Plan; and
WHEREAS, State law require s t h at th e Temp le City Zo ning Code, found in Title 9 , Chapter
1 of the Temple City Municipal Code (''TCMC'), co nform w ith the Genera l Plan 's goa l s and policies;
and
WHEREAS, it is ne cessary f ro m time to t im e to update the zo ning o rdinan ce to bring it
into conformity w ith State la w and to address public hea lth, safety, and we lfare concerns that have
arisen since t he last update of the Temple City Zo ning Co d e; and
WHEREAS, on July 11, 2017, planning staff had a di scuss i on item with t he Pl anning
Commission to go over va ri o u s ite m s in th e Zo ning Code (Series 2 Code Amendm ents) t hat
pl anning staff ha s obse rv ed that need cl ar ifications or i mprove m ents; and
WHEREAS, on Oct ober 10, 20 17, at a duly noticed public hea ring on City-initiated Zo nin g
Code Amendm ents (Series 2 Code Amendments) am end ing va ri o us item s in the Templ e City
Munici pal Code, the Planni ng Co mmis sion held a public hearing and continued to the ite m t o a
date uncertai n; and
WHEREAS, o n M ay 8, 20 18, at a duly n ot iced public he aring o n the Ser i es 2 Co d e
Amendments, the Planning Commissio n considered all staff rep o rts, studi es , testimony,
env ironm enta l informati o n prese nted, and unanimou sly ap prove d a re sol ution recommend in g
that th e City Council approve t he Series 2 Code Amendments; and
WHEREAS, prior to sc hed u li ng the Series 2 Code Ame ndments fo r a City Council m eeting,
Pl annin g sta ff discovered an issue w ith the d efinition o f "Op e n Space " that needed to be
addressed . On August 14, 20 18, at a dul y not ice d public hear in g on the Series 2 Code
Amendments, the Planning Co mmiss io n co nsid ered all staff reports, studi es, testimony, an d
env ironmenta l information pres e nted. During t h e m eet ing, th e Pl anning Commi ssi on gave
support for the "O pe n Space " modification, but requeste d that staff research acce ssory dwelling
unit (A DU ) standard s in nearby c it ies and bring ba ck recom m en dation s at the Planning
Co mmi ss i on m ee ting 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 rev iewed staff's recommenda t ion to mod ify the development standards fo r ADUs as
part of the Ser ies. 2 Code Amendments. Th e Planning Comm i ssion considered all staff reports,
studies, testimony~ env i ronmenta l i nformation presented , and unanimously approved a resolution
recommending that the City Cou ncil approve the Series 2 Code Amendments; and
WHEREAS, on Octo ber 2, 2018, at a duly noticed public hear i ng on the Series 2 Code
Amendments, the; City Counc il requested to continue the item to the November 20 , 2018 City
Counc il meeting to allow additional time to thoroughl y review the proposed amendments.
WHEREAS, on November 20, 2018, at a continued public hearing, City staff re quested to
continue the item to the December 18, 2018 City Council meeting.
WHEREAS , on De cember 18, 20 18, at a continued public hearing, the City Council
continued the item to the January 15, 20 19 City Council meeti ng .
WHEREAS, on January 15, 2019, at a continued public hea ring , the City Counci l cons id ered
all staff reports, studies, testimo ny, 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 strikethroug h sha l l be deleted from the existing Municipal Code .
Words shown with an unde rline sha l l be added to the Mun i cipal Code. Words without underl ines
or striketh ro ugh sha l l not be modified and are provided for reference purposes only.
SECTION 1: The fol lowi ng defin itions 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
heig ht, housing a permitted accessory us e located on the same lot as the main bu ilding or
principal use. Provided, that if the same is attached to a main bu ildi ng by a common wall or roof,
it 5fla.U 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 STRU CT URE HEIGHT: In al l zones , except the R-1 zone, t he vertical distance from
the average finishe d grade of the lot to the highest point of the building or structure. I n t he R-1
zone, the vertical distance from the natu ral grade to the highest point of construction .
DETACHED UVING QUARTERS : 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 §f655 lot area of the lot, prior to any required
dedications. In calculating floo r area ratio (FAR), the exterior walls sRaU must be counted as gross
square footage. For residential uses (not mixed use or commercial), the f loor area s4aU must be
counted twice for any portion of the dwelling where the distance between the f loo r and the ceiling
directly above exceeds twelve 12 feet ~ and in insta nces where the height of a single-story
st ructure 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 sRaU will apply to:
B. Accessory structures not including required parking, but including garage5 areas in
excess of required parking code requirements, guesthouses, pool houses, p layrooms,
second unit housing accessory dwelling units, and the like.
LOT, AREA: The total area , measured in a horizontal plan~ included within the lot lines of a lot.
Any portion of a lot area 'Nhich is within a designated flood Flood control easement~ and driveway
easements providing access to t i ered or flag lots s4aU are not 9e considered as usab le lot area for
purposes of determining or calculating permitted density, lot coverage, floo r area ratio, permeable
area, etc.
LOT OR PARCEL OF LAND:
A A parcel of real property which is shown as a lot in a subdivisi on reco rded 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 rea l property shown on a parcel map or t ract map, recorded pursuant to the
provisions of the subdi vision map act; or
D. A parcel of real property lawfully created and dimension ed in accordance with city
ordinances prior to January 1, 1967 .
The minimum frontage upon a public street or high'.vay for R 1 zoned lots shall be si><ty
feet (60 ') e>ccept for cu i de sacs and knuckles, in which cases the minimum frontage may
be reduced to thirty five feet (35') provided the average lot width is si><ty feet (60').
E><ception : R 1 zoned lots in e><istence on the effective date of this chapter (May 5, 1988)
may be subdivided subject to the following restrictions:
1. No e><isting lot shall be subdivided into more than two (2) lots.
2. Each subdivision shall be subject to the approval of a parcel map.
3. The orig inal e><isting l ot to be subdivided sha ll have a street frontage of at least
Ordinance No. 18 -1032
Page 4 of 16
seventy feet (70 ') but l ess than one hundred feet (100 '), and
4. Each such subdivision shall be l imited to the creation of no more than one flag lot,
'Nith a minimum street frontage of fifteen fee t (15'), and
5. A minimum of seven thousand two hundred (7,200) square feet of lot area shall be
provided per newly created lot, e><clusive of any "pole" portion of a f lag lot.
6. No such "flag l ot" subdivision shall be created on Ha l ifa >< Road between Da i nes
Drive and Live Oak /\venue, legally descri bed as lots #1 12, b lock A, lots #1 8, block B
and portion of lots #9 11, block B of tract no. 11695, los Ange les County recorder
map book 215 2 3 24 and a portion of lot 32 of E.J. Baldwin 's Addition #1 to Santa
An ita Colony, los Angeles County recorder's miscellaneous records 52 60, as shown
on e><hibit A.
7. No "flag lot" created after September 15, 1989, under the provisions of this section
shall be i mproved 'Nith any structure which e><ceeds tv.'enty feet (20') in height.
YARD , FRON T: A yard extend i ng across the full w i dth of the front of a lot. from the front property
li ne to the dwelling on the property. The depth of a required front yard 5RaU will be a specified
horizontal d i stance measured betw een the front l ot l ine and a l ine parallel thereto, on the lot.
SECTION 2: Sect ion 9 -1F-10 of t he TCMC (Cond itiona l Use Perm it) is amended to remove the
doubl e aster i sk on uses that reference an obsolete revi ew process as follows :
The following uses 5RaU may be permitted in all zones (except in the residential zones un less
otherwise herein provided) provi ded that a conditional use perm it is first obt ained pursuant to
the provisi ons of part 3 of this arti cle . Uses designated by a ** in the following list of uses shall be
approved through an administrative review procedure:
Drive-in bu siness .**
Restaurants.**
Service stations.**
Transfer Stations.
SECTION 3: Section 9-1I-1 of the TCMC (REGULATION OF EXCESS IVE NOISE) is amended as
follows:
Ordinance No. 18 -1032
Page 5 of 16
G. Pr ivate construction projects located one fourth (1t4) of a mile or more from an inhabited
dwelling .
G. ~. Private construc tion projects located ·.vithin one fourth (1t4) 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 hou rs of seven o 'clock (7:00)
7:00A.M. and seven o'clock (7:0 0) 7:00 P.M.
L :h Motor vehicles, other than off highway vehicles. This exemption does not include sound
emanating from motor vehicle sound systems .
,L ~ He ating and air conditioning equipment.
K. b Safety, warning and alarm devices, includin g, but not limited to, house and car alarms , and
other warn in g devices that are designed to protect the publ ic he alth, safety, and welfare.
L. M The discharge of firearms consistent with all state and federa l laws .
M. N-: Any activity as to which the city council or planning commiss ion has issued an exception
based on hardship, or to execute phase -in requirements.
N. '* Involuntary noise.
0. ~ I solated singular noises (not exceeding ~ two seconds) not repeated within si><ty (60) 60
minutes.
P. ~ Matters preempted by state or federal law.
Q . ~ Matters involving the reasonable exercise of constitutiona l guarantees un less outweighed
by compelling governmental i nterests or appropriate exercise of the police power.
R. & "Emergency work " as defined under section 9-11 -2 of this article.
S. +< Noise as to whic h there is specific consent from all affected persons. (Ord. 08 920)
SECTION 4: Sec tion 9-1J-7(A)(1)(c) of the TCMC (Off Street Parking Requ irement) i s amended as
follows:
Ordinance No. 18-1032
Page 6 of 16
1. Resident ial Parking Spaces :
c. Residential garage parking for second unit housing accessory dwel l ing units may be
provided in tandem parking spaces with minimum interior dimensions of teR 10 feet f±{B
in width by fefty 40 feet (4G1 in length. Open and covered parking spaces for accessory
dwelling units must comply with the size requirements specified i n 9-1J -7(A)(b),
SECTION 5: Section 9-1K-6 (WA LL, FENCE OR HEDGES) is reformatted and amended as follows:
All proposed walls. fences or hedges. must comply with the requirements of this Sect i on .
A. Wal l. fence or hedge height measurement.
1. 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
.........................
• • • • • • • • • • • • • • • • • • • 0 • • •
Wall and Fen ce Height
M easurement in Fron t Yard
When There is Les s Than
12 Inches of Grade
Difference
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::lol:::'"':::-::-:<-<:_>_:::-:::-::-:<-::-:::-:::-::-:::-:::
•••••••••••••••••••••• '.' •••••••••••••••••••••••••••• 0
• 0 •••••••• 0 0 •••••••••• 0 ••••••••• 0 ••• 0 •••••••••••••••••••
• • 0 ••••••••• 0 ••••••• '. '0' •••• 0 ••••.••••••••••••••••••••
• • • • • • • • • • • • 0 •••••• 0 ••••••••••••• 0 •••••••••••••••••••• 0
•••••••••••••• 0 •••••• 0 ••••••• 0 •• 0 •••••••••• 0 ••••••••• 0 ••
• • 0 ••••••••••••••••••••••• 0 ••••••••••••• 0 . 0 ••••••••••
• • • • • • • • • • • • • • • • • • • • • • • • • 0 ••••• 0 •• 0 •••••••••••••••••• 0 ••
2. The fo llowing provisions apply to grade differences of more than 12 inches abutting a
public right-of-way:
£o 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 8 of 16
Interior Side and Rear Yard Wall Heigh t Measurement Diagram
Wall and Fence Height
Measurement For
Interior Side and Rea r
Yard s
. ' ...... .
• • • • • 0 •• . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reta i ning Walls Up to Three
Feet Are Not Counted
To wards Maximum Height
4. The maximum height wi ll be measured in a continu um at each point along t h e wall or
fence.
B. Height limits for walls and fences in residential zones.
1. A wa ll, fence , o r security gate not more than six feet~ in height may be located and
maintained on any part of an R zo ned lot except those areas compris i ng the front yard
and, alo ng a corner side yard, the driveway visi bility area.
2. In front yards (the area between the f ron t of the house and the front lot line), the
max imum height o f a wa ll, fence or hedge shall be~ limited to a maximum of Wfty
~ 36 inches ~ when view obscuring or a maximum of forty t•No 42 i nches (4.&1
w hen no n -view obscuring .
3. No secu rity gate, regard less of height, s4aU wil l be permitted when said security gate
blocks vehicular acces s to a mu ltiple-family res id ential project which has or will have
required guest parking .
4. I n the driveway visibility area , which only applies to d riveways in a corner si de yard, t he
maximum he ight of a wall , fence or hedge s4aU w i ll be thirty si>< 36 i nc hes~. The
driveway visibi lity area is the triang ular area extending at an angle of forty five 45
degrees ~from the street property line to a poi nt on the edge o f t he d rivew ay teR
Ordinance No . 18-1032
Page 9 of 16
10 feet~ from the street property line (see the "Dri vew ay Vis ibility Area Diagram",
of this section). The d riveway visibil ity area sRaU will not app ly to garages t ak in g access
from an alley.
Dri veway Visibi lity Area Di agram
Sidewalk
t\ P.ukway
2 In cases where a garage is located i n the front of the property and the garage door is
perpendicular to t he st ree t any fence crossing the driveway shall be ~ limited to a
maximum of thirty six 36 inches~ when view obscuring or a ma xim um of forty two
42 inches~ when nonvi ew obsc uring (see the "Fences Pe rpendicula r To Dr iveways
Diagram ", of this section).
Ordinance No. 18-1032
Pa ge 10 of 16
Fences Perpendicular To Driveways Diag ram
.-----------------------------
Driveway
~ ................... .
Maximum fence height
of thirty six inches when
view obscu ring or forty
two i nches w hen non·
view obstructing
L----------------------------
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
c
::l. < ~
~
IU <
1.·-··-·
r-··-··-··-
1
House
House
·····'----------'
'-----------"····:~Fe n ce he ight a ll owed
up to six feet I
-··-.. 1
Ordinance No. 18-1032
Page 11 of 16
C. Nonresidential zon i ng districts. The maximum height o f a wa l l or fence within the commercial
and industrial zoning d istricts. includ i ng the Crossroads Spe cific Plan. must be as follows.
1. Front an d corner side setbacks.
a. The maximum height of a wall or fence along a street fro nta g e i s four feet when
the wall or fe nc e is in front of a st ructure.
b. Walls and fences abu tting a public side wal k must have a t hree-foot setback
that is conti nuously maintained with landscap i ng and irriga tion.
2. Interior side and rear set b acks.
a. The ma ximum height of a wall or fence may be eight feet.
b. The height of the wal l or fence must step down to four feet when located within
five feet of the street property line(s).
3. When abutting a res ide ntial zoning district. The min imum height of a wall located
within five feet of a street p roperty li ne(s) shoul d b e equivalent to the maximum height
for a so l id wal l or fence in the development standards of the abutti ng residentia l
zonin g district.
4. Design standards for walls and f ences.
a. All walls and fences must be a minim um 50 percent open. except in the
followin g situations:
(1) Walls and fe nces abutting a residential zoning district will be
constructed o n ly from brick. conc rete. or masonry that complement the
build ing.
(2) A solid masonry wa ll is required to screen outdoor st orage areas.
b. All wa l ls and fences within five feet of t he front property li n e mu st have a stucco
appearance or split f ace to complement the bu ild i ng .
c. Wa l ls and f ences along the front property line u sed to sc reen ad jacent parking
lots mu st have a three-f oot setback that is landscaped and irrigated.
d. Chai n-link fences are not allowed in the front or street side yards . but may be
allowed in rear and interior side yards.
D. N o fence or wall is all owed to co ntain barb wire. concertina (razor) wire. wrought iron with
spikes. or any sim i lar sharp project ions attached to a fence deemed hazardous by the
Community Development Director. Electrical fences are prohibited. Security fencin g fo r
facil ities owned by a public utility or government age nc y may include items listed above
provided the haza rdou s items are at leas t seven feet above the natural grade of a public right-
o f -way.
Ordinance No. 18-1032
Page 12 of 16
SECTION 6: Section 9-1M-12(C)(2) of the TCMC (SINGL E-FA MILY RESIDENC E, STANDARDS OF
DEVELOPMENT) is amended as follows:
2. Side Yards: Eac h lot in th e R-1 zone 5RaU must maintain the following side ya rd s:
a. Interior Lo ts: Interior lots 5RaU must maintain a side yard adjacent to each side lot line not
le ss than five feet~ for t he first story portion of a bu il ding or teR 10 pe r ce nt (10%) of the
lot width, whichever is greater. The second story setback on both sides 5RaU may not equal
less than hlt€eA 15 feet~ when co mbined, but 5RaU may never be le ss than five feet~
or 10 percent of the l ot width, w hi chever is greater. At no time and at no point shal l the
se cond story setba ck be less th an the first floor setback on any lot. The second story can
overhang on the side yard , as l ong as it is not l ess than the required setback for the first floor
and it is not greater than four feet in depth or 25 square feet.
b . Corne r Lots : Each corner lot 5RaU must maintain the fo llow i ng si de yard requirements:
(1) On the side lot line which abuts another lot the si de yard 5RaU must be five feet ~ for
the first story portion of a build ing or teR 10 perce nt f±G%t-of the lot width, whichever i s
greater. The second story setback on both sides 5RaU ma y not equal l ess than tvventy 20
feet f2Gi whe n combin ed, but shall and may never be les s than five feet~ or 10 percent
of the lot wi dth, wh ichever is greate r. At no tim e and at no point shall the second story
setback b e less than the first floor setback on any lot. The second story can overhang on
the side ya rd , as long as the second floor is not less than the required setback for the
first floor and it is not greater t han four feet in depth or 25 square feet.
(2) On the street si de, the required side yard 5RaU must be ten feet (10') in width, for t he first
story portion of the building. The second story se t back on both sides 5RaU must not
equal less than twenty 20 feet f2Gi when combined, but 5RaU must never be less than
teR 10 feet~-At no time and at no point sh all the second story setback be less than
the first floor setback on any lot. Th e second story can overhang on the street side yard.
as long as the second floor is at least 10 fee t from th e property line and it is not greater
than four feet in depth or 25 sq u are feet.
SECTION 7: Section 9-1M-32(A)(3) of the TCMC (R-3 MULTI-FAMILY RESIDENTIAL STANDA RDS
OF DE VE LOPME NT) is amended as fo ll ows:
3. Perm issible Lot Coverage: Bu ildings, including accessory bu i ld ings and str uctures, 5RaU may not
cover more than f+.fty 50 percent ~ o f the area of any lot. Furthermore, at lea st twenty 40
percent ~ of the lot area 5RaU must be permeable; these are as m-ay must be ma intained with
landscaping, appropriate ground cover, permeab le pavers or other acceptable pervious materia l s,
but m ay not be covered with structures, concrete or aspha lt.
Ordinance No . 18-1032
Page 13 of 16
SECTION 8: Section 9-lT-10(8) of the TCMC (SPECIA L US ES, ACCESSORY DWELUNG UNITS) is
amended as follows:
3. The single-family dwell ing or accessory dwelling unit must wi-U be owner occupied.
5. An accessory dwelling un it may be detached, attached, o r 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 limi tations for
accessory structures in section 9-1M-ll of this chapter and must not exceed aBe
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 ~. measured from the
natural grade to the highest roof ridge or parapet. The height of the top plate must not
exceed nine feet~.
b. If the accessory dwelling unit is attached or located with in the main dwel li ng , it must
not exceed a size equal to hlty SO percent~ of the main dwel l ing , with a maxim um
floor area of one thousand two hundred (1,200) 800 square feet.
6. The maximum size of an accessory dwe lling unit is 800 square feet. The maximum number of
bedrooms for an accessory dwelling unit will be determined by the gross f loor are a:
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 f loor area and
cannot exceed 800 square feet of gross floor area. For the purposes of th is section. a
den. library. study or similar enclosed room will be cons idered a bedroom.
c. Two bedroom units must provide a minimum of 700 square feet of g ross fl oor area and
cannot exceed 800 square feet of gros s floor area. For the purposes of this section, a
den . library. study or similar e nclo sed room will be considered a bedroom.
z. &.-All accessory dwelling units must be located on the rea r hlty SO percent~ of the lot.
8. ~The minimum side yard setback for a newly constructed detached accessory dwelling unit is
five feet~.
9. &-The minimum rear yard setback for a newly constructed detached accessory dwelling unit is
10 teA f eet f±G-i.
10 . .g,.... Th e existing side and rear yard setback may be maintained for an existing garage or other
permitted existing accessory structu re built prior to January 1, 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 standa rds.
11. W:-An addition to a legally non-conforming accessory structure for the purpose of creating
an accessory dwel ling unit sRaU must comply with the provis ions found in section 9-1H-8,
"Additions To Nonconform ing Structures", o f this chapter.
12. ±±:-The accessory dwelling unit may share utility connections and meters w ith the main
dwel ling, or may be separately connected and metered. Utilities must be upgraded as deemed
necessary by the build ing offici al to comply with the applicable codes, i nclud i ng but not li mited
to sewer laterals, electrical service panels, and water service.
13. ±&.-Accessory dwelli ng 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 TCM C (SPECIAL US ES, ACCESSORY DWELUNG UNITS) is
amended as follows.
1. Detached accessory dwelling units wH+ mus t 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.
a. 9:--lt 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. ~The requ i red parking for a detached accessory dwell ing unit must be independent
from required parking for the existing main dwe lling and must not b lock access to the
required parking for the main dwe l ling.
3. W h en a garage or ca rport, constructe d p ri or to January 1, 2017, is converted or demo lish ed in
conj u nction with the construction of an accessory dwelling u nit , the replacement spaces may be
located in any config u ration on the same lot, including, b ut not limited to, as covered spaces,
uncovered spaces, or t andem spaces, or by the use of mechanica l automobi le parki ng lifts.
SECTION 10: The fol lowing defini tion in Section 9-1A-9 of the TCMC is amended as follows:
OPE N SPACE: Ground #eef area other than a required yard area the required front yard area ,
driveway, swimming poo l, or off street parking faci l ity, which has an average gradient of not to
exceed f ive percent ~, with no building or structure located the rein, e><c ept for nonhabitable
structures used exclusive ly for recreational purposes, and w4iffi has a min i mum area of twe
hundred fifty (250) 250 contiguous square feet with a min i mum dimension of tefl 10 feet {±(B.
Ordinance No. 18 -1032
Page 15 of 16
Notwithstanding any other provision of this section, "open spa ce" 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. Acce ssory Structures: Acce ssory structures must be l im ited to one W per lot, i ncluding
accessory dwelling units, poo l houses, wo rkshops , shed, and the like, but n ot including re quired
garages . On lots improved with a mai n dwelling that is greater than o r equal to one thousand two
hun dred eighty (1,280) 1,280 square feet, the maximum area fo r accessory structu res on a lot -
excluding required parking -must not exceed one thousand eight hundred (1,800) 1.400 square
fee t or #fty 50 percent~ of the livi ng area of the main dwe lli ng , whichever is smaller. On lots
improved with a main dwel ling that is less tha n one thousand two hundred eighty (1 ,280) 1.280
square feet, the max imum are a for all accessory structures on a lot -excluding required park i ng -
must not exceed six hundred forty (640 ) 640 square feet. (1960 Code; amd . Ord. 77 -452 ; Ord . 87-
603; Ord. 03 -888; Ord. 17-1022)
SECTION 12: The City Counci l declares that, should any provi sion, section, subsection, paragraph,
sentence, clause, phrase , or word of th is Ordi nance or any pa rt thereof, be re nde re d o r declared
invalid or unconstitutional by any f ina l cou rt ac t ion in a court of competent jurisdiction o r by
reason of any pre emptive leg is lation, suc h decision or action wi ll not affect the validity of the
remaining section or portion s of the Ordinance or part the reo f. The City Counc il declares tha t it
wou ld have indepe ndently adopted the remaining provisions, sections, subsect i ons, paragraphs,
se nten ces, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or
more provisions, secti on s, subsections, paragraphs, sentences, clauses , phrases, or words may be
declared invalid or unconstitutional.
SECTION 13: The City Counc il, i n light of the whole record before it, i ncl u d ing but not limited to,
any evidence (within the meaning of Public Re sou rces Code Sections 21080(e) and 21082.2) with in
the record or provided at t he public hearing of this matter, hereby finds and determines that the
proj ect is exempt from Californ ia Environmental Quality Act ("CEQA ") pursua nt t o Section 15305
(Minor Alternations to Land Use Limitations) of the CEQA Guidelines . The City Coun cil also finds
tha t the proposed Ordinance is exempt in accordance w ith Sect ions 15 378, 15060(c)(2), and
15061(b)(3) of the CEQA Guidel ines, because it can be seen with certainty that there is no
poss ibility that the proposed Ordinance will have a significa nt effect on the environment.
SECTION 14: The City Clerk shall certify to th e passage and adoption of this Ordinance and to its
approval by t he Mayor and shall cause the same to be published according to law .
Ordinance No. 18-1032
Page 16 of 16
PASSED, AP PROVED, AND ADOPTED this 5th day of February, 2019.
Wil liam Man, Mayor
ATTEST : APPROVED AS TO FOR M :
Peggy Kuo , City Clerk Er ic S. Vail , City Attorney
I, Peggy Kuo , City Clerk of the City of Temple City, hereby certify that t he foregoing
Ordinance No. 18-1032 was i ntroduced at the regular meeting of the City Counci l of the City of
Temple City held on the 151h day of Janua ry 2019, and was duly passed, approved, and adopted
by said Counci l at the regular meeting held on the 5th day of February 2019, by the fol lowi ng vote:
AYES :
NOES :
ABSENT :
ABSTAIN :
Councilmember -
Councilmember -
Counci l member-
Counci l member-
Peggy Kuo, City Clerk
ATTACHMENT B
City of Temple City
Summary of Proposed Series 2
Code Changes
Zoning Code Definitions (Section 1)
• "Building, Accessory" is m od ified to clarify th at accesso ry dwe ll ing u n its (AD Us) have a
different height limit.
• "B uilding or St ru cture Height" is clarified to n ote that height is mea sured d ifferently i n the
R-1 zone .
• "Detached Living Quarters " is re moved bec au se it references g u esthou ses, which i s a term
n o l onger used in the Zon i ng Code.
• "F loor A rea Ratio" is modified to remove guesth ouses and second units, which are terms
no l onger used in th e Zon ing Code.
• "Lot Area " is modified to exclude driveway easements f or tiered or f l ag lo t s for purposes of
determining or ca l cul ati ng d eve l opment standa rds . Si n ce driveway easements cannot b e
built on, they shou ld not be i ncl ud ed in lot area .
• "Lot or Parcel of Land" is modified to el imina te outdated and d u plicate development
standards that are al ready i n the R-1 section of the Zoning Code.
• "Yard, Fro nt" is mo dif ied to clarify t hat t his area is the ya rd extend ing from t h e front
property l in e to the dwelling on t h e property. Th is wi ll prevent deta ched garage s located
in front of t h e h o use, which conflicts with t he R-1 zo ne 's design guidelines .
Administrative CUPs (Section 2): Mod ifi es the Cond itiona l Use Permit (CUP) Sect ion to remove
ref erences to t h e now obsolete Administrative CUP.
Construction Noise (Section 3):
• Removes sect io n 9-11 -1(G) because it reference s a situ ati on -constru ction projects that are
a quarter of a mile o r more from an inh abited dwe ll ing -that does not ex i st.
• Requires al l co nstru ct i on projects requi rin g a permit to comp ly with n oise codes .
• Reduce s co n struction hours on Sat urda y to 8:00 a.m . to 4:00 p.m . and prohibits
constructi on on Sund ays and federal h o l idays. The Code curre ntly all ows construction 7:00
a.m . to 7:00 p.m ., seve n days a wee k.
• Reformats and removes duplicate text.
Off-Street Parking for ADUs (Section 4): Deletes parking standards for seco nd units as they
are no longer an al lowed use and sta ndard s for ADU s wi ll referen ce the ADU secti on of the
Code.
Summary o f Proposed Se ries 2 Code Change s
Page 2 of 3
Walls . Fences . and Hedges (Se ct io n 5):
• Provid es direction on h ow to measure h eight w hen t h ere is a grad e difference b et wee n
t wo prope rti es o r b et wee n pri vate pro p erty and the public right of w ay.
• Prov i d es set b ac ks and h eig ht li mits f o r reta in in g wal ls th at are in th e f ront and street sid e
ya rd .
• Reform ats sectio n 9-1K -6(B).
• Provid es d ire ctio n o n how to address the heig ht o f a wa l l, f e nce or h ed ge in t he f ro nt ya rd
o n t he sh ared sid e pro p erty lin e w h en a ho u se is set bac k furt her t han t he adj ace nt
pro p erty.
• Esta blishes wa ll and f ence regu l at io ns f o r no n-res id ential pro p erties.
• Pro hibits fen ces o r wal ls w it h haza rdou s m at eri als, suc h as b arb ed w ire, co nce rtina (razor)
w ire, w ro u g ht iro n w it h spikes, et c. Exe mpts p ubl ic util it ies and gove rnm ent age nc ies.
Cantilevering Second Floo rs (Sect ion 6): Minimizes t h e am o unt t he seco nd fl oor ca n ca nt il eve r
o ut ove r th e f irst f loor in th e R-1 zo ne t o f o ur f ee t o r 25 square f ee t.
Permeability i n the R-3 (Section 7): Co rrec t s a n erro r in th e R-3 co d e, whi ch provid es two
different lot pe rm ea bi li ty req u i re m ents.
ADUs (Section 8 and 9):
• Gives prope rty o wn ers the ch oice to live in eithe r t h e m ain ho use o r ADU . Thi s is a res u lt of
a c hang e in St at e Law.
• Se t s t h e max imum number of b edrooms based o n t he size o f t h e unit, w hi c h f o ll ows t h e
practice f o r ma in dwell ing un it s f o und el sew h ere in th e Co d e.
• Redu ces th e ma x imum size of an ADU fro m 1,200 squ are f ee t t o 800 squ are feet t o coi ncid e
wi t h max imum sizes in su r ro un ding ci t ies.
• Cl arifi es t h at the b enefi ts affo rd ed t o ex ist in g accesso ry stru ct ures ca n o nly b e applied t o
acc essory stru ctures lega ll y co n st ru ct ed w it h a bu i lding p ermi t and built prior t o t he Ja nu ary
1, 2017 (the d at e the St ate 's AD U law went i nto effec t ).
• Esta b l is h es a min i mum l ot size of 6,000 squa re f ee t to qu alify f or an ADU .
• Redu ces th e number o f pa rk in g space s requ ire d fo r an ADU . Thi s i s a re sul t of a c hange in
State Law.
Open Space Definition {Section 10): Am en ds t h e d efin iti o n o f "Op en Space " to al low f o r t he
required rear yard t o b e co un te d as required o pen space and pro hibi ts no n-habitab le st ru ct u res
w ith i n this req u i red area.
Maximum Size of Accesso ry St ructures (Section 11): Wh en ad o ptin g th e o ri gin al ADU
Ord inanc e t he Co unci l a lso se t a max i m um size fo r al l accessory st ru ctures o n a lot. Th at number
was b ase d on th e m ax imum size of A DU s. Sin ce staff i s recom m endi ng a red uctio n in the
----------------------------
Summary of Proposed Series 2 Code Changes
Page 3 of 3
ma x imum size o f ADU s by 400 square feet, staff is al so proposing a reduct i o n in t he ma ximum
size of all accessory stru ct ures by 400 sq uare f eet.
ATTACHMENT C
City ·Of Temp l e City
Planning Commission
Sta ff Re p ort
May 8, 2018
FILE : PL 17 -923
ADDRESS : Citywide
DESCRIPTION : Series 2 Code Amendments of Title 9 (Zoning Regulations), Chapte r 1
(Zoning Code)
APPLICANT: City of Temp le City (staff-initi at ed)
PROJECT PlANNER: Adam Gulick, Associate Planne r
ENVIRONMENTAL REVI EW: This project is exempt from the California Environmental Qua lity Act
(CEQA) per Section 15305 (minor alterations to land uses limitations),
and the propo sed ordinance i s not a "project" as defined by Sections
15061(b)(3) and 15378(b)(5) of the CEQA Guide l ines.
RECOMMENDATION : Adopt t h e attached Resolution recommending that the City Council
adopt the proposed ordinance
SUMMARY:
As staff adm inis ters Ti t le 9 (Zon i ng Regu lations) of the Temp le City Municipal Code , staff identifies
ambiguities and co nflicts in need of clarification, and opportunities for improvement. These
miscel laneou s modifications to Title 9 are assembled into an om ni bus ordinan ce. As the Plann ing Divis i on
is in the middle of a comprehensive Zoning Code update, staff has limited the items in the proposed
"Series 2" Code Amend m ent to minor changes consistent with the direction already established in the
Zoning Code . The proposed Series 2 changes genera l ly fall into the fo llowing categories:
• Clarifications to address ambiguiti es or inco ns i stencies in the code
• Clarifi cations to implement previous i nterpretations
• Clarifications and revision s to make the letter of the code cons istent with the intent of the code
• Revisions to co rrect unintended consequen ces or errors re sulting from previous ordinances
• Revi sions to add ress chan ges that shou ld have been made as part of previous ord inances, but
were inadvertently overl ooked (e .g., the recent Accessory Dwelling Unit ordinance)
• Revis i ons to bri ng the City 's ADU regu lations in complia nce w ith recent changes to state ADU law
The exis t in g Municipal Code can be found o nli ne at www.templecity.us/113/Municipai-Code.
May 8, 2018 Planning Commission Meeting
File: PL 17 -923 Series 2 Cod e Amendment, Ordina nce No. 18-1032
ANALYSIS :
The following is a summa r y of the items proposed to be amended in Series 2 with a short explanation
and ana lysis of the iss u es .
The definition o f "Bu ilding, Accessory" has been
modified to clarify that ADUs are treated di fferently
with regard to heig ht.
The definition of "B u i lding or Structu re Height" has
been modified to clarify th at buil ding or structure
hei gh t in the R-1 zo ne is measured f rom natural
grade.
Th e definition of "Detached Living Qua rters" ha s
been elimin ated si nce t he term is no longer used in
the Zoning Code.
The definition of "Floor Area Ratio " has b ee n
modified to be cons istent with the recently
adopted ADU ordinance and to clarify w hat should
be ca lculated when det erminin g lot area, by relying
on sepa rate and improved definition f or lot ar ea.
The defi nition of "Lot Area " has been modified t o
exclude access easements when determining lot
area for purposes of ca lculating density, floor area
ra tio, lot coverage, permeable area , etc.
The definition of "Lo t or Par cel of Land " has been
mod if ied.
This cha ng e will ass ist i n making the Code
internally consistent.
Th is revision makes the definition of building
and structu re he ig h t cons istent wi th the R-1
Code, Section 9-1M-12.E.
This revis ion should have been made as part of
the rece nt ADU ordi na n ce but was not i ncluded
due to an o ve rs ight.
This cha ng e would modify the calc u lation for
floor area ratio from us ing gross lot area t o net
lot area. However, it should be noted the
existing definition of "lot area" excludes flood
con tro l easements .
Thi s revi sion makes the letter of the code
consiste nt w ith the i ntent of the code. The
Code already excludes flood control easements,
but provid es no direction in terms of driveway
easemen t s. Including access easements in lot
area calculations arti f i cially inc re ases the size of
the lot and can lead to h ouses much larger
tha n intend ed.
Thi s revision elim inates some duplicate
language that is already in t he R-1 zone
(Section 9-1M-12.B).
Page 2
MAy 8, 2018 Planning Comm ission Meeting
File: PL 17 -923 Series 2 Code Amendment , Ordinance No. 18 -103 2
Modification Explanation and Analysis
Ordinance Section: l .(continued) -------·-·--------·-----"---"------------·--. ~----·-----'c.:o_~'---,--..:..
Munici al Code Section: 9-1A -9 --·-----·-------·---..;._-·-'---'-
The definiti on of "Ya rd, Front" ha s been modified
so that the front yard is no longer the area
between the front property line and the required
front yard setback. Instead th e front yard will now
be the area from the front property line to the
dwelling on the property.
Ordin ance Section: 2 ---____ ,____. _________ ~-
Munici ~od ~~ecti~-~: 9-lF-_1_0 __ _
El iminates the adm in istrative review procedure and
the three eligible uses (Drive -In Business,
Restau rants, and Serv ice Stations) for this review in
the condi tional use permit section. Eliminates
Transfer Station from t h e conditional use permit
sec ti on since the term is no longer specified in the
Zoning Code .
----.......... ---~. -----~~-
-----.. ------~--'-"-----"'-
This will result in two notable changes to
address public sa fety concerns. Six-foot tall
w all s and fences will no longer be allowed
paralle l to the street in front of the hou se. The
modificat ion will al so prevent an accessory
building in front o f the main dwell in g.
Prohibi ti n g a six-foot tall wall or accessory
structure in front of the main house will provide
more "eyes on the street", which is a clas sic
theory o f creating safer neighborhoods.
The administrative review procedure was
eliminated by a previous ord i nance, but this
remnant was i nadvertently left i n t he code .
This revis i on addresses this inconsistency and
makes it clear that all cond itional use permits
require Plann ing Commiss ion r eview. Tra ns fer
Statio n was el imi nated by a previous
ordinance, but this was uni ntentionally left in
th e conditional use permit section.
Ordinance Section: 3 -. •.-.· .. -----~ ~--~-------::-:'----f--'-'--:-:--;-
Munici a l Code Section: 9 -'11-1 1----~~----~---~----~--·-.--------·-----"""'-~--'---'-'---'--------
Excessive noise section is modified to simplify The TCMC specifies construction hours, but
permitted construc t ion work hours during the week most projects include conditions of approval
and reduce Saturday hours. A restriction has al so that impose more r estrictive hours, sometimes
been added prohibi ting construction on Sundays leading to confusion about which h ours are
and federal holidays . applicable. Further, the TCMC refers to
This restriction applies only to w o r k that require s a
building permit. Minor home improvemen t
projects such as painting and other work not
requ iring a bui ldi n g permit would be all owed at
any time .
The current restric tions on t he use of l awnmowers,
lea f blowers, etc. would remai n unchanged.
properties within and over a quarter of a mile
from an inhabited dwelling. This is unnecessary
and confus i ng, since there are no properties in
Temple City that are over a quarter of a mile
from an inhabited dwelling. Thi s revision makes
constructions hours consistent across all
proj ec ts and eliminates ambiguity. The
restric tion of no cons t ruct ion on Sundays and
federa l holidays is responsive to frequent
compl_ain~f~~~~sidents and is a best E!!_Ct i~-
Page 3_
May 8, 2018 Planning Com mi ssion Meeting
File: PL 17-923 Series 2 Code Amendment, Ordinance No. 18-1032 I ----------------·-----
! __________________ _
---------
used by neighboring jurisdi cti ons and
consiste n t with conditions for new
developments requiri ng a public hearing (see
Atti'l~_!:men t 3). ·------
Modification Explanation and Analysis
Clarifies parkin g space r eq u irements for A DUs i n
t h e following man n er:
Clarifies that AD Us can have tan de m
parking (combi n ed spaces must be 10 feet
by 40 feet), and
Sets a parking space size for open an d
covered spaces using the same
requirements for guest parking spaces.
Ordin a nce Section: 5
-Mu~i~ip~·l Cod e Sectl~~~<-6·
Sp ecifies how t o m eas ure th e height o f a fence,
wal l or hedge. Wa ll s o r f en ces in the front or street
si de yards are meas ured f rom the lowes t adjacent
grade when there is no reta i ning wall. Re t ain ing
walls are not counted towards the overa ll h eig ht in
any part of a property. If a property h as a retaining
wall along the fron t o r str eet side yard, an
additional fence, wall or hedge is allowed i f a
three -foot setback is provided f rom the retain i ng
wal l. On the interio r side and rear yards wa ll s and
fences are measured from the highest g rade.
This revision sh ould have been made as part of
the rece nt ADU ordinance bu t was not included
due to an oversight. Since the parking
requi r em ent for ADUs was r educed to one per
unit, t h e changes are needed to clarify the size
of each garage parki ng space and estab lis h
size req ui rements for open and covered
parking spaces for ADUs.
The deter m i nati on of how t o measure a wall or
f ence was inadve r tently removed from t he
TCMC as part of a recent ordinance. This
revision r estores that provisi on and clarifies
ambiguities regarding measuring heights in
side an d r ear yards versus front yards. The
revision makes t he code consistent w i th the
intent, by max i mizing wall height for privacy
purposes in side and rear yards.
Cla r ifi es fence heig ht in t he fron t yard whe n houses The Seri es 1 Code Amendment added
have deep front ya rd se t backs. language addresses maxim u m fence heights in
the fro n t ya r d where garages are
per pend i cu l ar to the stree t. Th is standard
over looked situ ations when neighboring
properties have different front yard setbacks.
The r ev isi on add r esses this issue by preventing
a six-foot tall wall or fence on the side
property line between the two houses in the
front yard.
]
Page 4
r -
Ma y 8, 2018 Pla n ning Comm ission Meeting
Fil e: Pl. 17-923 Series 2 Code Amendment, Ordina nce No. 18-1032
Modification Ex lanation and Analysis
Q_rd_i_natl£~.s ecti on: s '(c~~~~u 'eq) -----~~,-----
M _~II:'J~i p a l_ Code Sect~~.:_-~=ll<-6 _, ___ ...
Establish es maximu m heights for walls and fences
in commercial and manufacturing zones: four feet
on the front yard an d ei ght feet on the sid e and
rear yard.
________ , ________________________ _
Adds language prohibit ing barb wire, concertina
(razor) wi re, wrough t iron w i th spikes, o r any similar
sharp projections attach ed to a fence; al so ad d s
that el ectrical fences ar e prohibited. Provides an
exemption fo r publ ic uti li ty companies to install
security fencing at t heir rub lic faciliti es, as l ong as
th e hazardous fence materials is at leas t seve n feet
above t he natura l gra d e of a publ ic r igh t -o f-way.
_9~Lna n ce Secti.op: 6 , .. ____ .. __ ~:,.::_ -'-o-
.-~--.
The co de does not p rovide development
stnndards for wa lls or fenc es for non -res idential
properties. This rev is i on makes the code
consiste nt with the i n te nt t o li mi t fence and
wall height s, while allowing some additiona l
fl ex ib ility f or commercial an d ind ustri al
proper t ies. The proposed st andar ds are simi lar
to the adj acent communities.
The Zo ni ng Code does no t specifically prohibit
hazardous fence mater ia ls. These hazardous
fenc e material s are not attr ac t ive or desi r able
on reside ntial and commer cia l pr operties. Staff
recomme n ds providing an exemption for publi c
utility companies and public agencies so they
can add hazardous fence materials to secure
t heir f aci lities.
_r.{l_'!nicipa l CoQe Se~!.i_9 n: 9-lM-12-S..:.~~---~---~--'--·-·---·----------
Removes ambigu i ty that could be argued t o all ow
second floor cantileverin g in t he R-1 zo n e o n the
side yard.
This revision makes the le tter of the code
consiste n t w ith the intent t h at second floors
be located at o r behind th e setback of the first
f loor. Th e cu rren t code t ex t coul d be
interpret ed to allow t he seco n d floor to be
canti levered, which is not the in te n t of the
code.
Page 5
May 8, 2018 Planning Commission Meeting
f:ile: PL 17-923 Ser ies 2 Code Amendment, Ordinance No.l8 -1032
Modification Explanation and Analysis
Ordmance Sect1on: 7 ..
Municipal Code Section: 9 -1M-32.A.3
·------~-----------r--------------------------------~ Revises conflicting co de text to set permeable area There is conflicting language in t he R-3
i n the R-3 zone at 40 percent. standards r eferencing both 20 percent and 40
percent p ermeability requirements . This
revision r emoves the inconsistency by setting
it at 40 percent, cons istent with the R-2 zone.
Ordinance Section: 8,
Mynicipal Code Sect~qn: 9-.lT-lO;B ,
. ---~-----:--.-~ --'-~~"'---'---"------·------~-
Th is change would set some additiona l st an da r ds
o n ADU sizes . Estab li sh m inimum gross fl oor area
based on the number of bedrooms for n ew ADUs .
Studios cannot contain rooms except for a
bathroom and a ki t chen. One -bedroom units must
contain at least 640 square feet of gross f loor area .
Two -bedroom units mu st contain at least 900
squa r e feet of gross floor area and can no t exceed
1,200 square feet. An additional provision is added
stat ing that each den, office, library, study, or
sim ilar enclosed room will be considered a
bedroom . Per revision t o state law, the can
continue to r equire t hat the owner l ive on si te, but
t h e Ci t y must allow t he owner to live in ei t her t he
main dwelling or the A D U.
------~------O rdinance Section: 9 ·
--------~-
·-.
Unlike th e R-1, R-2, and R-3 zones, the recent
ADU sec t ion does not provide a minimum
gross floo r area based on the number of
bedroom s. Th i s means an ADU could have
more bedrooms than the main dwelli ng on the
proper ty. The purpose of the ADU is to be
secondary to the main dwell in g on the
property. By not havi ng a m i nimum gross fl oor
area ba sed on the number of bedrooms in an
ADU, sta f f relies on the building code
standards to determine how many bedrooms
an ADU can h ave . The building code requ i res
only 70 squa r e feet for each bedroom, wi th
one of the dimensions requi r ing a minimum
width of seven feet. The p r oposed minimum
gross floor area is similar to the R-2 and R-3.
Municipal Code Section: 9-lT-lO.C -·---------,------'---------~-----------
This change reduces t h e minimum numbe r of
required parking spaces for newly cons tru cted
detached ADUs to on ly one space .
'-----------------
The current parki ng requiremen t for ADUs is
one parking space per bedroom. This revision
is necess ary so t h e City's Zoning Code i s
consistent with new state ADU law.
--------------
Page fi
May il, 2018 Planning Com m i ss i on M eetin g
File: PL 17-923 Series 2 Code Amendment, Ordina nce No. 18-1032
FINDINGS:
TC M C Section 9-1G-O provides that the Zonin g Code may be "a m ended whenever the public interest and
necess ity so require." There are no specific findings requ ired to amend the Zon ing Code or other titles
of the Municipal Code.
ENVIRONMENTAL REVIEW:
This project is exempt from environmental review under t he Ca li fornia Environmental Quality Act (CEQA)
pursuant to Sec tion 153 05 of the CEQA Guidelines pertain ing to minor alterations to land use limitations
and Section 15061(b)(3) of the CEQA Guideli nes because the proj ect is not a p roject as defined in Sectio n
15378 and it can be see n w i th certainty to hav e no possibility of a significant effect on th e environment.
RECOMMENDATION :
Adopt th e attached Resolut ion recommen din g t hat the City Cou n ci l adopt the proposed ordinance.
ATTACHMENTS :
1. Plann ing Commission Resolution
2. Ordinance No. 18-1032
3. Survey of Adjacent Citi es Noise Hegu lat ions
Page 7
ATTACHMENT D
City of Temple City
Planning Commission
Staff Report
August 14, 2018
FILE: PL 17-923
ADDRESS : Citywide
DESCRIPTION : Series 2 Co de Amendments of Titl e 9 (Zon ing Regul ations), Chapter 1
(Zoni ng Code)
APPLICANT: City of Te mple City (staff-i nitiated)
PROJECT PLANNER: Adam Gulick, Associate Planne r
ENVIRONMENTAL REVIEW: This project is exempt from the California Env ironmental Quality Act
(CEQA) as the propose d ord i nance is riot a "proje ct" as defined by
Sections 15061(b)(3) and 15378(b)(5) of the CEQA Gui delines.
RECOMMENDATION : Adopt the attached Resolution recommending that the City Cou nci l
adopt t he p roposed ordi nance.
SUMMARY :
On May 8, 2018, the Planning Commission adopted a reso lu tion re com mending that the City Council
adopt the Series 2 Code Amendments ordinance, w hi ch wou ld make var io us mi no r changes to the Zoni ng
Code. Pri or to taking Series 2 before t he City Counci l, pl an n ing staff identified an additiona l item t hat
needed to be included. The "open space" definition does no t incl u de any requi red yard areas with t he
exce ption of required side yards if the area is at l east 10 feet in w i dth and a minimum of 250 squa re f eet
of co ntiguous area. Not be in g ab l e to co unt the required rear ya rd towards the minimum 500 square feet
of open space for the main dwelling creates i ssues for smal ler p roperties. In part icular, smaller l ots with
detached garages located w i th in the requ ire d rear yard and sma ll er lot s with attached garages located at
the back of the hou se bui lt t o th e rea r ya rd setback. Sta ff also noticed that the open space definition
i nclu d es areas that are occ upied by a non -hab itable accesso ry st ructure. Staff be l ieve s open space shou l d
be cl ea r of any structure allowing people to enjoy the outdoors (e.g ., landscaping, l ight, air, etc.).
Staff recommends modifying t he "open space" definition to include t he rear yard and street si de yard
t owa rd s the required open sp ace, as follows:
OPEN SPACE: Gro und #eBf area other than a requ i red yard area the required front yard area,
driveway, swimm ing pool , or off street parking facility, wh ich ha s an average g radient of not t o
exceed fi ve percent (5%), with no buildi ng or stru cture located therein, except f or nonhabitabl e
structures used e><clus ive ly for recreationa l purp oses , and wftiffi ha s a minimum area of two
hund red fifty (250) contiguous square f eet w ith a m i nimum dimension o f ten feet (10').
Notwithstand ing any other provision of this se ction, "open space" shall in clude t he required side
yard area of any interio r lot provided said area complies with each of the other provisions hereof.
August 14, 2018 Plann i ng Co mmission M ee t i ng
File : PL 17 -92 3 Series 2 Code Amendment, Ordinance No. 17-1028
FINDINGS :
TCMC Section 9-1G -O p rovi des that the Zoning Code may be "amended whenever the publi c interest and
necessity so re qu ire." There are no specific findings req uired to amend the Zoning Code or other titles
of the Municipal Code.
ENVIRONM ENTAL REVIEW :
This project is exemp t from environmental review under the California Environmental Qual i ty Act (CEQA)
pursuant to Section 15061 (b)(3) of t he CEQA Guidel ines 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 :
Ad o pt th e attached Resolut i on recom mending that the City Co unci l adopt the proposed ordinance.
ATTACHM ENTS :
1. Pla nning Commission Reso lutio n
2. Ordinance No. 18-1032 (see page 13, Section 10 for the open space revisions )
Page 2
ATTACHMENT E
City of Temple City
Planning Commission
Staff Re port
Se ptember 11, 2018
FILE : PL 17-923
ADDRESS: City wide
DESCRIPTION : Se ri es 2 Code Amendments o f Title 9 (Zo n ing Regulations), Chapter 1
(Zoning Code)
APPliCANT: City of Temple City (staff-i n it i ated)
PROJECT PLANNER : Adam Guli ck, Associate Pl anner
ENVIRONMENTAL REVIEW: Th is project i s exempt from th e California Environm enta l Qual ity Act
(CEQA) as the proposed ord inance is not a "project" as d ef i ned by
Sections 15061(b)(3) and 15378(b)(S) of the CEQA Gui delines.
RECOMMENDATION : Adopt t he attached Reso lution recommending that the City Co unci l
adopt th e proposed o rdinance.
SUMMARY :
On Augu st 14, 2018, p lan ning staff broug ht b ac k t he Series 2 Code Amendments to the Plann ing
Comm iss ion after discovering an i ss ue w it h th e defin ition of "open space". During this publ ic hea ring
item, the Planning Commi ss ion p rovi ded su pport f or staff's recommended changes to the definition of
open space and continued the item to Sep t em be r 11, 2018, req u esti ng planning sta ff research nea rby
cities to see if Temple City shou l d modify ou r d eve lopment sta ndards f o r accessory dwe lling units (AD Us).
Plann i ng staff surveyed 13 nearby cities and ha ve provided a summary of t heir ADU d eve lo pme nt
sta ndard s in Attachme nt 3. Staff recom mends the f o llowing mod if ications to ADUs :
• Limit ADUs to a m aximum o f 800 sq ua re f ee t (page 12 of Attachment 2)
• Limit the t y pes o f rooms in a stu dio o r ba chelor ADU (page 12 of Attac hment 2)
• Establ is h a mini m u m size of 600 squa re f eet f or a one-bedroom ADU (page 12 of Attachment 2)
• Es t ablis h a minimum size of 700 squa re fe et for a two-bedroom ADU (page 12 of Attac h ment 2)
• Specify that ac cessory stru ctures lega ll y constru cted prior to January 1, 2017, are eligible to be
co nverted to an AD U and retain existing sid e and rear yard se tbacks (pa ge 12 of Attach ment 2)
• Est ablish a m i nim u m lo t size of 6,000 square feet for new ADUs (page 12 of Attach ment 2)
• Reduce t he maximum size of accessory st ructures on t he p ro perty, with t he exce ption of re q ui red
garage pa rki ng, to 1,400 sq uare feet (pag e 13 of Attach ment 2)
-------------
September 11, 2018 Plan ning Commiss i on Meeti ng
Fil e: PL 17-923 Series 2 Code Amend ment, Ordinan ce No. 17-1028
FINDINGS:
TC MC Sect ion 9-1G-O provides that the Zon ing Code may be "a mend ed whenever the public intere st and
necessi t y so requi re ." There are no specific fi ndings required to amend the Zoning Code or other t i tles
of the Municipal Code.
ENVIRONMENTAL REVIEW :
This proj ect is exempt from environmental re view under the Cali f ornia Environmental Qua l ity A ct (CEQA)
pursuant to Sectio n 15061(b)(3) of the CEQA Gui d el ines because t he ordinan ce is not considered a project
as defin ed in Section 15378 and it can be see n with cer ta in t y to have no possibi lity of a significant effect
on the environment.
RECOMM ENDATION :
Adopt t he attached Reso l uti on recommending that the City Cou n cil adopt the proposed ordinance.
ATTACHME NTS :
1. Pla nning Commission Re solution
2. Ordi nance No. 18-1032 (see page 13, Se ct io n 10 for t h e open space revisi ons)
3. Accessory Dwell i ng Unit Survey
Page 2
CITY
A LHAMBRA
ARCAD IA
AZUSA
DU AR T E
EL MONTE
MONROVIA
MONTEREY PARK
L.A. COU NTY
PASAD ENA
ROSEMEAD
SAN GABRIEL
SAN MARI NO
WEST COV I NA
CONSTRUCTION HOURS SURVEY MAY 8, 2018
CONSTRUCTION HOURS DAYS WEEKEND HOURS AND RESTRICTIONS
7:00AM 8:00AM MON-SAT SUNDAY NOT ALLOWED
7:00AM 6:00 PM MON-FRI SAT 8:00AM -5:00PM AND SUNDAY NOT AL LOWED
7 :00 A M 7 :00PM M ON-SAT SU NDAY NO T A LLOWED
7:00AM 7 :00PM M ON-SAT SU NDA Y NO T ALLOWED
6:00AM 7:00PM MON-FRI SAT-SUN 8:00AM -7:00 PM
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 NO T ALLOWED
7:00AM 7:00PM MON-FRI SAT 8:00AM-5:00PM AND SUNDAY NOT ALLOWED
7:00AM 6:00PM MON-SAT SUNDAY NOT ALLOWED
7:0 0AM 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 A LL OWED
7:00AM 8:00PM MON-SAT SUNDAY NOT ALLOW ED
HOLIDAY RESTRICTIONS
NOT ALLOWED
NOT ALLOWED
NOT ALLOWED
NOT ALLOWED
8 :00AM -7:00PM
NOT A LL OWED
9:00AM -6:00PM
NOT ALLOWED
NOT ALLOWED
NOT A LLOWED
NOT A LLOW ED
NOT ALLOWED
NOT ALLOWED
)> _, _,
)>
()
I
~ m z _,
""Tl
ACCESSORY DWELLING UNIT SURVEY AUGUST 28, 2018
CITY MINIMUM LOT SIZE MAXIMUM UNIT SIZE BEDROOM LIMIT
ALHAMBRA 6,500SF 50 pecent of main dwelling unit or 1,200 SF,
N/A whichever Is less
S 7,500 SF 50 percent of main dwelling unit or 800 SF,
whichever Is l ess
ARCADIA 7,501-15,000 50 percent of main dwelling unit or 1,000 SF,
N/A SF whichever is l ess
> 15,000 SF SO percent of mai n dwelling unit or 1,200 SF,
whichever is less
AZUSA N/A
50 percent of main dwelling unit or 1,200 SF,
2 bedrooms whichever is less
50 percent of main dwelling unit up to 400 SF for
DUARTE 6,000 SF lots up to 15,000 SF and up to 700 SF for lots over 1 bedroom
15,000SF
ELMONTE N/A
SO percent of main dwelling unit or 800 SF,
2 bedrooms whichever Is less
N/A Attached -size limit subject to FAR 1 bedroom
MONROVIA
N/A Deatched-up to 800 SF 1 bedroom
MONTEREY
N/A
50 percent of main dwelling unit or 1,200 SF,
2 bedrooms PARK whichever Is less
7,200 -10,000 50 percent of main dwelling unit or 800 SF,
N/A SF whichever Is l ess
PASADENA
~ 10,000 SF SO percent of main dwelling unit or 1,200 SF,
N/A whichever Is less
ROSEMEAD N/A
50 percent of main dwelling unit or 1,200 SF, 2 bedrooms whichever Is less
SAN GABRIEL 6,000SF
SO percent of main dwelling unit or 800 SF, 2 bedrooms
whichever Is le ss
SAN MARINO 12,000 SF
30 percent of main dwelling or 1,000 SF,
N/A whichever is l ess
12,500 SF
Attached -SO percent of the main dwelling or
SOUTH 1,200 SF, whichever Is less
PASADENA
N/A
12,500 SF Detached-not to exceed 1,200 SF
12,000 SF
Attached -SO percent of the main dwelling or
N/A 800 SF, whichever is less
WEST COVINA
12,000 SF Detached -50 percent of the main dwelling 2 bedrooms