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HomeMy Public PortalAboutCity Council_Ordinance No. 20-1040U__2/18/2020_RegularORDINANCE NO. 20-1040 U ' AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9, CHAPTER 1 OF THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO THE REGULATION OF ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS WHEREAS, the City of Temple City regulates accessory dwelling units under Title 9, Chapter 1 of the Temple City Municipal Code (TCMC); WHEREAS, Government Code Section 65852.2 permits local governments to establish standards for ministerial review of accessory dwelling units and directs that accessory dwelling units be approved subject to minimal state standards when existing local standards or process for accessory dwellings conflict with state standards; WHEREAS, Government Code Sections 65852.2 and 65852.22 were recently amended by AB 881 and AB 68, respectively, to revise the requirements for the development of "accessory dwelling units" and 'junior accessory dwelling units," effective January 1, 2020; WHEREAS, Government Code Section 65852(a)(4), as amended by AB 881, will deem null and void any existing ordinance that is inconsistent with the standards set forth in Government Code Section 65852(a) or that fails to provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units; ' WHEREAS, there is an urgent need for Temple City to adopt an ordinance to modify or establish standards and procedures according to the provisions of AB 881 and AB 68 for accessory dwelling units and junior accessory dwelling units; WHEREAS, the City Council has the power under Government Code Sections 36934 and 36937 to adopt an ordinance that takes effect immediately if it is an ordinance for the immediate preservation of the public peace, health or safety, contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the City Council; and WHEREAS, it is necessary for the City Council to adopt this ordinance as an urgency ordinance, effective immediately, pursuant to the powers under Government Code section 36934 and 36937, to address changes to state law, to replace regulations for accessory dwelling units, to address peace, health and safety issues related to the effective regulation of accessory dwelling units, to continue neighborhood compatibility, and to avoid any statutory conflicts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City Council of the City of Temple City incorporates the findings above, and makes the following findings to establish interim standards for ministerial approval of accessory dwelling units and junior accessory dwelling units to comply with the intent of state housing law: 1. Accessory dwelling units and junior accessory dwelling units located on lots developed or proposed with dwelling units in areas zoned for single-family and multifamily residential (including mixed-use residential) can provide an important source of affordable housing; and Ordinance No. 20-1040U Page 2 of 7 2. Establishing reasonable interim regulations for accessory dwelling units and junior accessory I dwelling units is an appropriate mechanism to balance the needs of additional affordable housing complying with state law; and 3. Establishing reasonable interim regulations for accessory dwelling units and junior accessory dwelling units will enable an orderly and compatible development for affordable housing and maintain quality of life for the community; and 4. Per the state law, accessory dwelling units and junior accessory dwelling units can not be considered additional density for purposes of General Plan density calculation; and 5. This Ordinance is necessary to enable that the City conduct review and ensure compliance of projects with applicable zoning and safety standards; and 6. Accessory dwelling units and junior accessory dwelling units are subject to applicable zoning except as otherwise provided in this Ordinance. SECTION 2: Section 9-1A-12 of the TCMC is hereby amended to add the following definitions, which will be relocated within the section according to its alphabetical order: ACCESSORY DWELLING UNIT, ATTACHED. An accessory dwelling unit that shares at least one common wall with the primary dwelling and is not fully contained within the existing space of the primary dwelling or an accessory structure. ACCESSORY DWELLING UNIT, DETACHED. An accessory dwelling unit that does not share a common ' wall with the primary dwelling and is not fully contained within the existing space of an accessory structure. ACCESSORY DWELLING UNIT, INTERNAL. An accessory dwelling unit that is fully contained within the existing space of the primary dwelling or an accessory structure. JUNIOR ACCESSORY DWELLING UNIT. A unit that is no more than 500 square feet in size and contained entirely within a single-family residence, or a proposed single-family residence. Ajunior accessory dwelling unit may include an efficiency kitchen that is of reasonable size in relation to the size of the junior accessory dwelling unit. Such units may not be sold separately from the primary residence. The property having a junior accessory dwelling unit shall require owner- occupancy EFFICIENCY KITCHEN. A cooking facility with appliances, with food preparation counter and storage cabinets are of reasonable size in relation to the size of the unit. EFFICIENCY UNIT. A dwelling unit with a living room of not less than 220 square feet of floor area with a kitchen sink, cooking appliance, and refrigeration facilities, each having a clear working space of not less than 30 inches in front. The unit shall be provided with a separate bathroom and a separate closet. An additional 100 square feet of floor area shall be required for each occupant of such unit in excess of two. SECTION 3: Section 9-1", A. Zoning Clearance, 1. Applicability, of the TCMC is hereby amended to read as follows: h. Accessory dwelling units and Junior accessory dwelling units; SECTION 4: Section 9-1G-11, Table 9-1G-2, the land use table for R-1 Zone District of the TCMC is hereby I amended to add Junior Accessory dwelling units as a permitted use. SECTION 5: Section 9 -1G -12.F of the TCMC is hereby amended to add the following: Ordinance No. 20-1040U Page 3 of 7 11. When feasible, accessory uses and detached accessory structures, must be located within the rear 50 percent of a property. This does not apply to pergolas, patios, pools, spas, and required parking. SECTION 6: Section 9-1G-21, Table 9-1G-7, the land use table for R-2 Zone District of the TCMC is hereby amended to add Junior Accessory dwelling units as a permitted use. SECTION 7: Section 9-1G-31, Table 9-1G-11, the land use table for R-3 Zone District of the TCMC is hereby amended to add Junior Accessory dwelling units as a permitted use. SECTION 8: Section 9-1T-13 of the TCMC, pertaining to regulations for accessory dwelling units and junior accessory dwelling units, is amended and restated as follows: 9-1T-13: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS A. Applicability: Accessory dwelling units must be permitted in any zone that allows residential uses and is developed with residential uses. Junior accessory dwelling units must be permitted in R- 1, R-2, and R-3 zones when there is an existing or proposed single-family dwelling. B. Application: a proposal of an accessory dwelling unit and/or a junior accessory dwelling must be reviewed ministerially. Applications must be approved or denied within 60 days after a complete application is received, if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may ' delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permit application to create the new single-family dwelling is approved. To be considered complete, the architectural drawings for the project must provide necessary details and information to allow a decision to be made. If a complete application cannot be provided, the applicant can request the City to conduct a pre -application review and pay an applicable fee before completing the application. C. Development Standards: 1. One accessory dwelling unit or one junior accessory dwelling unit per lot must be permitted with a proposed or existing single-family dwelling if all of the following apply: a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure must be limited to accommodating ingress and egress. i. The space has exterior access from the proposed or existing single-family dwelling. ii. The side and rear setbacks are five feet as required for fire and safety. iii. The junior accessory dwelling unit complies with the requirements of the Government Code Section 65852.22. ' 2. One detached, new construction, accessory dwelling unit that does not exceed four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling must be permitted. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection 1, subject to the following conditions: Ordinance No. 20-1040U Page 4 of 7 a. Such accessory dwelling unit is limited to a total floor area of not more than 800 square I feet; and b. Such accessory dwelling unit is limited to a height of no more than 16 feet. 3. Accessory dwelling units must be allowed on lots zoned for multi -family residential use (including residential mixed use) developed with existing multiple residential dwelling units, consistent with the following conditions: a. At least one accessory dwelling unit and up to 25 percent of the existing multifamily dwelling units must be allowed for any existing multi -family developments. The accessory dwelling units should be within the portions of the existing multi -family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. b. No more than two detached accessory dwelling units with a height limit of 16 feet and a minimum of 4 foot interior setbacks must be permitted for any given lot that has an existing multifamily dwelling. 4. The development must comply with all applicable zoning standards and specific plans standards, except otherwise modified by this Section. 5. The maximum size of an accessory dwelling unit must be no more than 850 square feet; or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. An ' accessory dwelling unit may not exceed 50 percent of an existing primary dwelling. 6. Notwithstanding the maximum size, no accessory dwelling units may be smaller than an efficiency unit, as defined by Health and Safety Code Section 17958.1. 7. No accessory dwelling unit may contain more than two bedrooms. 8. The development standards for floor area ratio, lot coverage, and open space set forth in the Zoning Code may not preclude the construction of an accessory dwelling unit that is at least 800 square feet. 9. Junior accessory dwelling units must comply with all of the requirements set forth in Government Code Section 65852.22, as follows: a. The property be owner occupied; b. Be no more than a maximum size of 500 square feet; c. Be contained within the walls of an existing single-family or proposed single-family residence; d. Include a separate entrance from the main entrance to the proposed or existing single- family residence. e. Include an efficiency kitchen; and f. Include the recording and execution of a deed restriction, prohibiting the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, with a statement that the deed restriction may be enforced against future purchasers, in a form ' acceptable to the City. The deed restriction must also require the owner reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Ordinance No. 20-1040U Page 5 of 7 ' 10. The minimum side yard or rear setback for a newly constructed detached accessory dwelling unit is four feet. 11. Existing side and rear yard setback may be maintained for any existing garage or other permitted existing accessory structure. 12. The maximum height of a detached accessory dwelling unit must not exceed sixteen feet (16'), measured from the natural grade to the highest roof ridge or parapet. The height of the top plate must not exceed nine feet (9'). 13. The accessory dwelling unit may share utility connections and meters with the main dwelling, or may be separately connected and metered. 14. Accessory dwelling units of 750 square feet or more are subject to park construction fees, to be assessed in proportion to the square footage of the primary dwelling unit. 15. The installation of fire sprinklers may not be required in an accessory dwelling unit if sprinklers are not required for the primary residence 16. Certificate of occupancy for an accessory dwelling unit will not be issued before the certificate of occupancy for the primary residence. D. Parking Requirements: ' 1. One open parking space must be required for a detached accessory dwelling unit involving new square footage and having at least one bedroom. The space may be provided in tandem on an existing driveway. 2. New parking spaces for an accessory dwelling unit may be located in the side and rear setbacks provided that a three foot landscaped buffer will be created along the property line(s). When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the replacement parking is not required. 4. Notwithstanding the parking standard for accessory dwelling units, parking will not be required for an accessory dwelling unit in any of the following instances: a. The accessory dwelling unit is located within one-half mile of public transit. b. The accessory dwelling unit is located within an architecturally and historically significant historic district. c. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. d. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit. e. When there is a car share vehicle located within one block of the accessory dwelling unit. I E. Design Standards: The following design standards will apply to accessory dwelling units Ordinance No. 20-1040U Page 6 of 7 1. The doors to all accessory dwelling units must not be visible from the public right-of-way. If the I accessory dwelling unit is located on the second floor of the main dwelling, the stairs leading to the unit must be located on the interior of the structure. When converting a garage into an ADU, the garage door and the opening must be removed and sealed. 3. Any newly constructed accessory dwelling unit must be provided with a covered front porch or a recess for the front entrance. The area must not be less than three feet deep measured to the post if it is a porch, or to the wall it is a recess. 4. All attached and detached accessory dwelling units must have a view obscuring six-foot high wall or fence in good repair along the side and rear property lines nearest the accessory dwelling units. 5. There should be a minimum of 400 square feet of open space for the accessory dwelling unit with dimensions of no less than 10 feet. The open space should be accessible to the accessory dwelling unit. 6. All accessory dwelling units must be consistent with the architectural style of the main dwelling including but not limited to the roof pitch, articulation, window size, proportion of window units to wall size, direction of opening, muntin pattern, exterior building materials, lighting fixtures, garage door design, and paint colors. 7. No more than one exterior door, not including a vehicle garage door, may be provided for the , accessory dwelling unit. 8. All laundry hookups must be must be placed within the walls of the accessory dwelling unit. F. Other Requirements: 1. Short-term rentals, of less than 30 days, are prohibited for accessory dwelling units, junior accessory dwelling units, and the primary residential dwellings with such accessory dwelling units or junior accessory dwelling units. SECTION 9: The City Council hereby 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 shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby 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 10: The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act ("CEQA') pursuant to CEQA Guidelines: Section 15282(h), which exempts from environmental review the adoption of an ordinance to implement Government Code Section 65852.2; Section 15303, pertaining to new construction or conversion of small structures, such and single family and multifamily residential structures; and Section 15061(b)(3) because it can be seen with certainty that the Ordinance has no possibility of a significant effect on the environment. SECTION 11: 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. 20-1040U Page 7 of 7 ' PASSED, APPROVED, AND ADOPTED THIS 18 DAY OF FEBRUARY, 2020. Vd4ne i , yor ATTEST: Peggy Kuo, i Clerk 1 APPROVED AS TO FORM: GregopfWmurphy, pdy Attorney