HomeMy Public PortalAbout13) 8A - Intro and First Reading of Ord 20-1043 amending Zoning Regulations for ADUs and JADUsAGENDA
ITEM 8.A.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: July 7, 2020
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via: Scott Reimers, Interim Community Development Director
By: Hesty Liu, AICP, Associate Planner
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 20-1043
AMENDING TITLE 9 (ZONING REGULATIONS), CHAPTER 1 (ZONING
CODE), ARTICLE T (SPECIAL USES) OF THE TEMPLE CITY MUNICIPAL
CODE (TCMC) FOR ACCESSORY DWELLING UNITS (ADUS) AND
JUNIOR ACCESSORY DWELLING UNITS (JADUS)
RECOMMENDATION:
The City Council is requested to:
1. Introduce for first reading by title only and waive further reading of Ordinance No. 20-
1043 (Attachment “A”), amending Title 9, Chapter 1, Article T of the Temple City
Municipal Code regarding the development standards for accessory dwelling units and
junior accessory dwelling units; and
2. Schedule the second reading of Ordinance No. 20-1043 for the July 21, 2020 meeting.
BACKGROUND:
1. On January 1, 2017, Assembly Bill (AB) 2299 and Senate Bill (SB) 1069 took effect.
The bills amended Section 65852.2 of the California Government Code requiring that
local jurisdictions adopt an ordinance to provide development standards for ADUs in
the single-family zone.
2. On April 18, 2017, the City Council adopted Ordinance No. 17-1022 to comply with
the Government Code. Ordinance No. 17-1022 took effect on August 5, 2017 and
provided allowances and development standards for ADUs.
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July 7, 2020
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3. On January 1, 2020, AB 68, AB 881, SB 13, AB 670, and AB 671 took effect. The
series of bills amended development standards for ADUs and JADUs in Government
Code Sections 65852.2 and 65852.22. A local jurisdiction must amend its Zoning
Code to comply with all provisions contained in the legislation. The legislation would
take precedence over any provisions in a local ordinance which are not conforming to
the State legislation.
4. On February 18, 2020, the City Council adopted an urgency ordinance (Attachment
“B”) for ADUs and JADUs. To ensure compliance with the State legislation, the
urgency ordinance was created to mirror the content and structure of the state
legislation. The City Council directed staff to bring back a Zoning Code amendment to
address concerns about sewer capacity and fire safety.
5. On May 12, 2020, staff presented the proposed Zoning Code amendment to the
Planning Commission (Attachment “C”). After deliberation, the Planning Commission
moved to recommend that the City Council adopt Ordinance No. 20-1043 amending
the Zoning Code for ADUs and JADUs.
ANALYSIS:
The following provides analysis of the previous urgency ordinance and three issues
where the City has additional discretion under state law: capacity of water and sewer
infrastructure, fire safety and objective design standards. After analyzing the water and
sewer issues, staff’s recommendation is not to make any further changes that would
prohibit ADUs based on water and sewer infrastructure. The proposed Ordinance
includes two changes to improve fire safety and some objective designs standards that
will reduce the likelihood of further subdividing ADUs.
Previous Urgency Ordinance
The previous urgency ordinance made the following changes to the Zoning Code, which
have been carried forward in the proposed Ordinance:
1. ADUs are allowed in all residential zones, including the mixed-use zone.
2. ADUs in the multi-family and mixed-use zones can use existing non-habitable
space to create ADUs; the increase in density of the site cannot exceed 25
percent of the existing density.
3. JADUs are allowed in the single-family zone, must use the existing floor area,
and must be owner occupied.
4. If meeting certain conditions, an ADU and JADU are both possible for a single-
family residence.
5. Covenants, Conditions, and Restrictions or a single-family homeowner
association must not be used to prohibit ADUs.
6. The standards for open space, floor area ratio, and lot coverage cannot be used
to prevent the creation or construction of an ADU, which must be allowed at a
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July 7, 2020
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size of at least 800 square feet.
7. No parking is required for the primary residence if its garage is removed or
converted for the construction of an ADU.
8. No parking is required for an ADU if it is within one-half mile of a bus stop.
9. No parking is required for a detached, studio-unit ADU.
10. Tandem parking in the driveway must be counted towards meeting the parking
requirement.
11. If an ADU contains more than one bedroom the ADU can be up to 1,000 square
feet.
Water and Sewer
State law allows cities to prohibit ADUs in areas where water and sewer services are not
adequate. Staff looked at the adequacy of water and sewer infrastructure to determine if
ADUs should be prohibited in certain areas. In terms of water, the recent General Plan
update included significant outreach with the City’s water companies. Each water
company demonstrated sufficient water capacity to meet the City’s General Plan buildout
projections.
Sewer capacity is a more complicated issue. Most of the sewer system is clay pipe laid
in the 1950s and 1960s, most of which have reached and exceeded their life expectancy
(50 to 60 years). In terms of the deficiency, the City’s Sewer Master Plan of 2017
identified four levels of deficiency classified as Priority 1 through Priority 4. The definitions
of the four priorities are provided as the following:
• Priority 1: The sewer pipes under this category have a depth ratio greater than 90
percent under the existing peak flow condition. A high priority ("Priority 1") relief
project needs to be implemented immediately to address the hydraulic constraints.
The City has since completed all the priority 1 relief projects.
• Priority 2: The sewer pipes under this category have a depth ratio greater than 90
percent under the ultimate peak flow condition. A "Priority 2" relief project might be
needed within the next 5 years to address the hydraulic constraints.
• Priority 3: The sewer pipes under this category have a depth ratio greater than 50
percent and less than 90% under the existing peak flow condition. The hydraulically
restricted pipes under this category require near term ("Priority 3") relief project to
remove the hydraulic constraints.
• Priority 4: The sewer pipes under this category have a depth ratio greater than 50
percent and less than 90% under the ultimate peak flow and not under the existing
condition. A "Priority 4" relief project might be needed within the next 10 years to
address the hydraulic constraints.
To reduce a new project’s impact on the sewer system, the City relies on municipal code
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July 7, 2020
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section 6-2B which requires new developments to pay a sewer reconstruction fee based
on the amount of effluent the project will produce. The City Engineer requires sewer
studies for larger developments to determine a project’s specific impact on the sewer
system and requires the developer to either physically mitigate the impact or pay an in-
lieu fee. State law does not let the City charge impact fees and the fees found in 6-2B on
ADUs that are 750 square feet or less. An ADU greater than 750 square feet must be
charged a fee less than single-family housing and in a proportional share. These tools to
mitigate the impact of ADUs on the City’s sewer system are not allowed under State law.
State law does not allow the City to charge such impact fees on ADUs less than 750
square feet and for ADUs larger than 750 square feet the fee must be “proportional.”
Typically, if a City were to propose an increase in the density of development in an area,
staff would be required to perform an environmental review. This review would analyze
if the City’s infrastructure would be sufficient to meet the future demand. If it was not,
then measures to mitigate or lessen the impact of a project would be put into place to
reduce the impact of new development. For sewers and other infrastructure, such as
parks, this would typically mean the development of a fee charged to each new
development so that the City could make improvements to the infrastructure. In this case,
the State did not perform this analysis and prohibits the charging of fees on a unit 750
square feet or less.
Since the City’s ability to charge additional fees to reduce the impact of ADUs is severely
limited, another alternative would be to prohibit them. This, however, would be seen by
the State and potential litigants as unfairly targeting ADUs, since someone could
construct a large mixed use project as long as its impact on the sewer could be mitigated
but an ADU which would pose a much smaller and negligible impact would be prohibited.
Staff believes that at the current pace of construction, the City’s sewer system would not
fail within the next five years. In conclusion, after significant consultation with the City
Attorney’s Office and the City Engineer, the proposed Ordinance does not prohibit ADUs
based on sewer infrastructure.
Fire Safety
Temple City has a small percentage of lots which are located along an easement
driveway or a private street. Those driveways or streets are intended to be an access
way and fire lane. Some of them are less than 20 feet wide which is a substandard
dimension. Using the fire lane for parking is a common problem. The City does not
enforce parking restrictions in these easements unless the vehicle is parking in a
marked fire lane. ADUs and JADUs will potentially triple the number of families on each
lot, a concern both related to fire safety and increased parking demand. To address
such a concern, staff incorporated two requirements in the proposed ordinance. The
first requirement states that all portions of an ADU or JADU must be within 150 feet of
a 20-foot roadway. The second requires a fire flow test and fire department review if
the flow level is low. The two requirements will prepare the property owners to deal with
the fire safety issues early in the process when planning for an ADU and/or a JADU.
City Council
July 7, 2020
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Objective Design Standards
The City’s existing code (the urgency ordinance) contains objective design standards to
ensure compatibility and design quality. This Ordinance proposes additional criteria to
minimize the potential of illegally subdividing ADUs. Staff believes that the recommended
standards will be consistent with the intent of the state legislation that only one ADU
should be built on each R-1 lot. The proposed ordinance prohibits the following:
• The ratio between the number of bathroom and the bedroom to exceed one except
for the allowance of a half bathroom in the common area;
• Bedroom directly accessible from the outside;
• More than one common area (defined as a living room, family room, study, etc.);
• Rooms not accessible to all occupants; and
• More than one kitchen.
STRATEGIC GOALS:
Establishing standards for the development of ADUs and JADUs will further the City
Strategic Goals of Good Governance, Public Health and Safety, and Sustainable
Infrastructure.
FISCAL IMPACT :
Adopting the proposed urgency ordinance would not have any impact on the Fiscal Year
2020-21 City Budget.
ATTACHMENT:
A. Ordinance No. 20-1043
B. Urgency Ordinance No. 20-1040U
C. Planning Commission Staff Report
Attachment A
ORDINANCE NO. 20-1043
AN ZONING CODE TEXT AMENDMENT 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 AND DEVELOPMENT
STANDARDS FOR 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 and Section 65852.22 permits local
governments to establish standards for ministerial review of accessory dwelling units and
junior accessory dwelling units, and directs that accessory dwelling units be approved subject
to minimized 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, to comply with the Government Code, the City Council has adopted an
urgency ordinance to mirror the state requirements for accessory dwelling units and junior
accessory dwelling units.
WHEREAS, the City Council has the power to amend the City’s zoning ordinance to
bring it into conformity with the state legislation and to implement measures pertaining to public
health and safety concerns.
WHEREAS, Government Code Sections 65852.2 and 65852.22 authorize a local
agency to designate areas in its jurisdiction based on the criteria pertaining to adequacy of
water and sewer services, as well as impact of accessory dwelling units on traffic flow and
public safety.
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 standards for ministerial approval of
accessory dwelling units and junior accessory dwelling units to comply with the intent of
the state housing law:
Ordinance No. 20-1043
Page 2 of 12
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 multi-family
residential (including mixed-use residential) can provide an important source of
affordable housing; and
2. Establishing reasonable regulations for accessory dwelling units and junior accessory
dwelling units is an appropriate mechanism to balance the needs of additional affordable
housing complying with state law; and
3. Establishing reasonable regulations for accessory dwelling units and junior accessory
dwelling units will enable an orderly and compatible development for affordable housing
and maintain a quality of life in the community; and
4. Per the state law, accessory dwelling units and junior accessory dwelling units cannot
be considered additional density for purposes of General Plan density calculation ; and
5. This Ordinance is necessary to enable that the City conduct review of the project’s
compliance with applicable zoning and safety standards; and
6. This Ordinance is necessary to ensure that adequate infrastructure is in place to
accommodate growth; and
7. Accessory dwelling units and junior accessory dwelling units are subject to other
applicable zoning standards 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 or common roof with the primary dwelling on a single -family lot or primary
dwellings on a multi -family lot 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.
ACCESSORY DWELLING UNIT, JUNIOR: 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.
A junior 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 must require
owner-occupancy .
Ordinance No. 20-1043
Page 3 of 12
EFFICIENCY KITCHEN. A cooking facility with appliances, a food preparation counter, storage
cabinets , and is of reasonable size in relation to the size of the unit.
EFFICIENCY UNIT. A dwelling unit that is 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 must be provided with a separate bathroom and
the bedroom must have a separate closet. An additional 100 square feet of floor area must
be required for each occupant of such unit in excess of two.
STUDIO: A studio is a single residential unit in which the bedroom, living room and kitchen are all
located in the same room.
SECTION 3: Section 9-1C-6.A.1 .h of the TCMC is hereby amended and restated to read as
follows:
h. Accessory dwelling units and junior a ccessory 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 amended to add Junior accessory dwelling units as a permitted use. The
notes column will provide a reference to 9 -1T-13.
SECTION 5: 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. The
notes column will provide a reference to 9 -1T-13.
SECTION 6: 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. The
notes column will provide a reference to 9 -1T-13.
SECTION 7: Section 9 -1T-13 of the TCMC, pertaining to regulation s 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 are permitted in any zone that allows
residential uses and is developed with residential uses. Junior accessory dwelling
units are permitted in R-1, R-2, and R-3 zones where there is an existing or proposed
single-family dwelling.
B. Application:
1. Ministerial Review: A proposal of an accessory dwelling unit and/or a junior
accessory dwelling unit will be reviewed ministerially.
2. Length of Review:
Ordinance No. 20-1043
Page 4 of 12
a. Applications will be approved or denied within 60 days when a complete
application is filed for an accessory dwelling unit or a junior accessory
dwelling unit associated with an existing single-family or an existing
multifamily dwelling.
b. If the permit application for an accessory dwelling unit or a junior
accessory dwelling unit is submitted with a permit application for a new
single-family dwelling, the City may delay acting on the permit
application for the accessory dwelling unit or the junior accessory
dwelling unit until the permit application for the new single-family
dwelling is approved.
3. Complete Application: The length of review begins when the application is
complete. To be considered a complete application, 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. Single Family Sites: The following rules apply to certain accessory dwelling units and
junior accessory dwelling units on lots with a single-family dwelling unit.
1. Junior Accessory Dwelling Units: The following standards apply to all junior
accessory dwelling units.
a. Number: There may only be one junior accessory dwelling unit per lot.
The junior accessory dwelling unit must be contained within the walls
of an existing or proposed single -family residence.
b. Junior Accessory Dwelling Units in the Rear: A junior accessory
dwelling unit must be located in the rear half of an existing or proposed
single-family residence, unless such design is infeasible
c. Studios, Only: A junior accessory dwelling unit is limited to a studio
unit.
d. Owner Occupied: The owner must occupy the property, unless the
owner is a governmental agency, land trust, or housing organization.
e. Maximum Size: The junior accessory dwelling unit must be no more
than 500 square feet.
Ordinance No. 20-1043
Page 5 of 12
f. Separate Entrance: The junior accessory dwelling unit must include a
separate entrance from the main entrance to the proposed or existing
single-family residence.
g. Efficiency Kitchen: The junior accessory dwelling unit must include an
efficiency kitchen.
h. Deed Restriction: Building permits will not be finalized until the owner
of the property records and executes a deed restriction on the sale of
the junior accessory dwelling unit separate from the sale of the single -
family residence. The deed restriction must be in a form acceptable to
the City and include:
(1) A statement that the deed restriction may be enforced against
future purchasers; and
(2) A requirement that the owner reside in either the remaining
portion of the structure or the newly created junior accessory
dwelling unit.
2. Internal Accessory Dwelling Units and Junior Accessory Dwelling Units: The
following standards apply to internal accessory dwelling units and internal
junior accessory dwelling units:
a. Number: One accessory dwelling unit or a junior accessory dwelling
unit is allowed on a lot with a proposed or existing single-family
dwelling.
b. Limited Expansions for Internal Units: If the proposed a ccessory
dwelling unit or junior accessory dwelling unit is within (a) the proposed
space of a new single-family dwelling or (b) the existing space of a n
existing single-family dwelling or accessory structure, the accessory
structure may be expanded no more than 150 square feet , for the
limited use of accommodating ingress and egress.
c. Independent Exterior Door: The accessory dwelling unit or junior
accessory dwelling unit must provide an exterior door independent from
the proposed or existing single-family dwelling.
d. Five-Foot Setbacks: For fire safety purposes, an accessory dwelling
unit or junior accessory dwelling unit must have an unobstructed five -
foot setback from the rear and side property line.
3. Detached, New Construction, Accessory Dwelling Units: The following
standards apply to detached, new construct ion accessory dwelling units.
Ordinance No. 20-1043
Page 6 of 12
a. Four-Foot Setbacks: The minimum side, street side, and rear yard
setback is four feet.
b. Minimum Size: The accessory dwelling unit may not be more than 800
square feet.
c. Maximum Height: 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').
D. Multi-Family Zones and Uses: Accessory dwelling units are allowed on lots zoned for
multi-family residential uses (including residential mixed use) and with an existing
multi-family structure or structures. The following standards apply.
1. Internal Accessory Dwelling Units:
a. Location: The accessory dwelling units must be located within portions
of the existing multi-family dwelling structures that are not used as
livable space. This may include, but is not limited to, storage rooms,
boiler rooms, passageways, attics, basements, or garages.
b. State Building Standards: Each accessory dwelling unit must comply
with state building standards for dwellings.
c. Number: A multi-family site may contain at least one accessory
dwelling unit. The number of additional accessory dwelling units may
not result in an increase of more than 25 percent over the existing
density of the site.
2. Detached Accessory Dwelling Units:
a. Number: No more than two detached accessory dwelling units are
allowed on lots that contain the existing multifamily dwellings.
b. Maximum Height: 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').
c. Four- Foot Setbacks: The minimum setbacks for the rear and sides is
four feet.
Ordinance No. 20-1043
Page 7 of 12
E. Standards for All Accessory Dwelling Units:
1. Application: The development of accessory dwelling units or junior accessory
dwelling units must comply with all other applicable zoning standards and specific
plans standards, except otherwise modified by this Section or state law.
2. Minimum Size: No accessory dwelling unit may be smaller than 220 square
feet.
3. Maximum Size:
a. Studio Accessory Dwelling Units: Accessory dwelling units designed as
a studio may not exceed 600 square feet. This limitation does not apply
to junior accessory dwelling units.
b. One Bedroom Accessory Dwelling Units: One bedroom accessory
dwelling units may not exceed 850 square feet.
c. Two Bedroom Accessory Dwelling Units: Two bedroom accessory
dwelling units may not exceed 1,000 square feet.
4. Two-Bedroom Maximum: An accessory dwelling unit may not contain more
than two bedrooms.
5. Development Standards that Preclude ADUs: The following development
standards set forth in the Zoning Code may not be applied to preclude the
construction of an accessory dwelling unit that is at least 800 square feet:
a. Floor area ratio;
b. Lot coverage;
c. An accessory use must not exceed 50 percent the size of the primary
dwelling; and
d. Open space.
6. Maintaining Existing Setbacks: Existing side, street side, and rear yard
setbacks may be maintained for any existing garage or other permitted existing
accessory structure.
7. Shared Utilities: The accessory dwelling unit may share utility connectio ns and
meters with the primary dwelling or may be separately connected and metered.
Ordinance No. 20-1043
Page 8 of 12
8. Park Construction Fees: 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.
9. Fire Sprinklers: An automatic residential fire sprinkler system is required for all
accessory dwelling units. However, the installation of fire sprinklers are not be
required in an accessory dwelling unit if sprinklers are not required for the
primary dwelling.
10. Certificates of Occupancy: A certificate of occupancy for an accessory dwelling
unit should not be issued before the certificate of occupancy for the primary
dwelling.
11. Parking Requirements:
a. One open parking space is 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.
b. 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).
c. When a garage, carport, or co vered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit or
converted to an accessory dwelling unit, replacement parking is not
required.
d. If a house addition is also proposed for the primary dwelling in
conjunction with a new accessory dwelling unit, replacement of the off -
street parking must first be provided for the primary dwelling.
e. Notwithstanding the parking standard for accessory dwelling units,
parking will not be required for an accessory dwelling unit in any of the
following instances:
(1) The accessory dwelling unit is located within one -half mile of a
public transit.
(2) The accessory dwelling unit is located within an architecturally
and historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing
primary residence or an accessory structure.
Ordinance No. 20-1043
Page 9 of 12
(4) When on-street parking permits are required but not offered to
the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of
the accessory dwelling unit.
F. Design Standards: The following design standards apply.
1. Doors Cannot Be Visible: The doors to all accessory dwelling units and junior
accessory dwelling units may not be visible from the public right-of-way. If the
accessory dwelling unit or junior 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.
2. Garage Door Removal: When converting a garage into an accessory dwelling
unit or junior accessory dwelling unit the garage door must be removed and
sealed using a material the same as that of the adjoining wall material.
3. Front Entries: Accessory dwelling units and junior accessory dwelling units
must be provided with a covered front porch or a recessed entry. The area may
not be less than three feet deep measured to the post if it is a porch or to the
wall if it is a recessed entry.
4. Walls and Fences: 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. Open Space: Accessory dwelling units should have a minimum of 400 square
feet of open space with dimensions of no less than 10 feet. The open space
should be directly accessible to the accessory dwelling unit.
6. Hedges: All attached and detached accessory dwelling units must have 15 -
gallon hedges planted five feet on center along the side and rear prope rty lines
nearest the structure. This is not required for the conversion of an existing
structure to an ADU if the setbacks are less than five feet.
7. Further Subdivision: The following are prohibited:
a. Rooms not accessible to all occupants,
b. Bedrooms with exit doors, and
c. Wet bars in bedrooms or in a common living area.
Ordinance No. 20-1043
Page 10 of 12
8. Types of Rooms: An accessory dwelling unit can only include a kitchen,
bedroom(s), and one of the following: living room, family room, den, office,
rumpus room, etc.
9. Number of Bathrooms: The number of bathrooms (not including powder rooms)
cannot exceed the number of bedrooms. A powder room may be allowed if it
is accessed from a common living area. A powder room is a bathroom that
includes a sink and a toilet and does not include a bathtub and shower.”
10. Common Living Areas: An accessory dwelling unit must have no more than
one common living area. A common living area is a room meant to be shared
and used by all occupants and generally does not require a door to access.
Examples of common living areas include living rooms, family rooms, dens,
sunrooms, enclosed porches, rumpus rooms, dining rooms, recreation rooms,
and the like.
11. Existing Architectural Styles: 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.
12. Exterior Doors: No more than one exterior door, not including a vehicle garage
door, may be provided for the accessory dwelling unit.
13. Laundry Facilities: All proposed laundry facilities must be located within a
structure and only accessible from the interior of the structure.
G. Other Requirements: The following standards will apply to accessory dwelling units
and junior accessory dwelling units as stated, below.
1. Short-Term Rentals: Rentals of less than a month are prohibited for accessory
dwelling units, junior accessory dwelling units, and the primary residential
dwellings associated with accessory dwelling units or junior accessory dwelling
units.
2. Existing Garages: Garages and carports constructed after January 1, 2020
cannot be converted to accessory dwelling units or junior accessory dwelling
units unless the site is modified to meet the off -street parking requirement and
floor area ratio.
3. Easements: An accessory dwelling unit should not be constructed within an
easement area.
Ordinance No. 20-1043
Page 11 of 12
4. Fire Code Requirements:
a. Fire Access: All exterior building walls of the accessory dwelling unit
must be within 150 feet of a vehicular access roadway that is a
minimum of 20 feet wide, paved with concrete or asphalt, and not
exceeding 15 percent grade.
b. Fire Flow Test: Prior to issuance of building permits the applicant must
provide a fire flow availability test from the local w ater company and a
will serve letter. If the fire flow test demonstrates less than 1,000 gallons
per minute for non-sprinklered buildings or 500 gallons per minute for
sprinklered buildings, the application must be reviewed by the Fire
Department.
H. Conflict Provisions: Except as expressly provided in this section, to the extent that any
provisions of this code conflict with any provisions of this section, the provisions of this
section will control. To the extent any provisions of this section conflict with state law, the
mandatory requirements of state law will control, but only to the extent legally required.
SECTION 8: 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 9: 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 as 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 10: 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.
PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF JULY, 2020.
Ordinance No. 20-1043
Page 12 of 12
________________________
Tom Chavez, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _______________________
Peggy Kuo, City Clerk Gregory M. Murphy, City Attorney
ORDINANCE 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, GovernmentCodeSection65852.2permitslocalgovernmentsto
establishstandardsforministerialreviewofaccessorydwellingunitsanddirectsthat
accessorydwellingunitsbeapprovedsubjecttominimalstatestandardswhenexisting
localstandardsorprocessforaccessorydwellingsconflictwithstatestandards;
WHEREAS, GovernmentCodeSections65852.2and65852.22wererecently amended
byAB881andAB68,respectively,torevisetherequirementsforthedevelopmentof
"accessorydwellingunits"and"junioraccessorydwellingunits,"effectiveJanuary1, 2020;
WHEREAS, GovernmentCodeSection65852(a)(4),asamendedbyAB881, will
deemnullandvoidanyexistingordinancethatisinconsistentwiththestandardsset forthinGovernmentCodeSection65852(a)or
thatfailstoprovideanapprovalprocessthat includesonlyministerialprovisionsfortheapprovalofaccessorydwellingunits;
WHEREAS,thereisan urgent needforTemple City toadoptanordinanceto modify or establishstandards and procedures according to
the provisions of AB 881 and AB 68 for accessory dwellingunitsandjunioraccessorydwellingunits;
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 dwellingunits, to address peace, health and safety issues related to the effective regulation of accessory
dwellingunits, 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.TheCityCounciloftheCityofTemple City incorporates the findings above, and makesthefollowingfindingsto establish
interimstandardsforministerialapprovalofaccessorydwellingunits andjunioraccessorydwellingunits to comply
withtheintentofstatehousinglaw:
Accessorydwellingunitsandjunioraccessorydwellingunitslocatedonlots developedorproposedwithdwellingunitsinareaszonedforsingle-
familyand multifamilyresidential(includingmixed-useresidential)canprovideanimportant sourceofaffordablehousing; and
Establishingreasonableinterimregulationsforaccessorydwellingunitsandjunior
accessorydwellingunitsisanappropriatemechanismtobalancetheneeds ofadditionalaffordablehousingcomplyingwithstatelaw; and
Establishing reasonable interim regulationsforaccessorydwellingunitsandjunior accessorydwellingunitswill enable an orderly and
compatible development for affordable housing and maintain quality of life for the community; and
Per the state law, accessorydwellingunitsandjunioraccessorydwelling units can not be considered additional density for purposes of
General Plan density calculation; and
This Ordinance is necessary to enable that the City conduct review and ensure compliance of projects with applicable zoning and
safety standards; and
Accessorydwellingunitsandjunioraccessorydwellingunitsaresubjectto applicable zoning exceptasotherwise providedinthisOrdinance.
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. A junior 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 9-1C-6, 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 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:
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: Section9-1G-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
Applicability: Accessorydwellingunitsmustbepermittedinanyzonethatallowsresidentialuses andisdeveloped withresidentialuses. Junior
accessorydwelling units must be permitted in R-1, R-2, and R-3 zones when there is an existing or proposed single-family dwelling.
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.
Development Standards:
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:
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 anexpansion 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.
The space has exterior access from the proposed or existing single-family dwelling.
The side and rear setbacks are five feet as required for fire and safety.
The junior accessory dwelling unit complies with the requirements of the Government Code Section 65852.22.
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:
Such accessory dwelling unit is limited to a total floor area of not more than 800 square feet; and
Such accessory dwelling unit is limited to a height of no more than 16 feet.
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:
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.
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.
The development must comply with all applicable zoning standards and specific plans standards, except otherwise modified by this
Section.
The maximum size of an accessorydwellingunitmustbe 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.
Notwithstanding the maximum size, no accessory dwellingunits may be smaller than an efficiency unit, as defined by Health and
Safety Code Section 17958.1.
No accessory dwellingunitmay contain more than two bedrooms.
Thedevelopmentstandardsforfloorarearatio,lotcoverage,and openspacesetforthin the Zoning Code may not preclude the construction
of anaccessorydwelling unitthatis at least 800squarefeet.
Junior accessory dwelling units must comply with all of the requirements set forth in Government Code Section 65852.22, as follows:
The property be owner occupied;
Be no more than a maximum size of 500 square feet;
Be contained within the walls of an existing single-family or proposed single-family residence;
Include a separate entrance from the main entrance to the proposed or existing single-family residence.
Include an efficiency kitchen; and
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.
The minimum side yard or rear setback for a newly constructed detached accessory dwelling unit is four feet.
Existing side and rear yard setback may be maintained for any existing garage or other permitted existing accessory structure.
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').
The accessory dwelling unit may share utility connections and meters with the main dwelling, or may be separately connected and
metered.
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.
The installation of fire sprinklers may not be required in an accessory dwelling unit if sprinklers are not required for the primary
residence
Certificate of occupancy for an accessory dwelling unit will not be issued before the certificate of occupancy for the primary
residence.
Parking Requirements:
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.
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.
Notwithstanding the parking standard for accessory dwelling units, parking will not be required for an accessory dwelling unit in any
of the following instances:
The accessory dwelling unit is located within one-half mile of public transit.
The accessory dwelling unit is located within an architecturally and historically significant historic district.
The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
When there is a car share vehicle located within one block of the accessory dwelling unit.
Design Standards: The following design standards will apply to accessory dwelling units
The doors to all accessory dwelling units must not be visible from the public right-of-way. If the 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.
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.
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.
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.
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.
No more than one exterior door, not including a vehicle garage door, may be provided for the accessory dwelling unit.
All laundry hookups must be must be placed within the walls of the accessory dwelling unit.
Other Requirements:
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.
PASSED, APPROVED, AND ADOPTED THIS 18 DAY OF FEBRUARY, 2020.
________________________
Nanette Fish, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _______________________
Peggy Kuo, City Clerk Gregory M. Murphy, City Attorney
City of Temple City
Planning Commission
Staff Report
Attachment C
May 12, 2020
FILE: PL 20-2362
ADDRESS: Citywide
DESCRIPTION: A Zoning Code Text Amendment to establish development standards
for accessory dwelling units and junior accessory dwelling units.
APPLICANT: City of Temple City
PROJECT PLANNER: Hesty Liu, AICP, Associate Planner
ENVIRONMENTAL REVIEW: This project is exempt from 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, and Section 15305 (minor alterations
to land uses limitations), as well as Sections 15061(b)(3) and 15378(b)(5)
of the CEQA Guidelines which define that the proposed ordinance is not
a ”project”.
RECOMMENDATION: Adopt the attached resolution recommending that the City Council find
that the project is exempt from CEQA and adopt the proposed
ordinance.
SUMMARY:
On February 18, 2020, the City Council adopted Urgency Ordinance No. 20-1040U to mirror the
requirements of the state legislation passed in 2019 for accessory dwelling units (ADUs) and junior
accessory dwelling units (JADUs). This Zoning Code Text Amendment is a follow-up effort to expand the
coverage of the ordinance so that concerns about infrastructure and fire safety can be addressed. This
ordinance also includes additional objective architectural design standards. The following are the critical
issues that staff has identified and discussed in this staff report:
• Water and Sewer Infrastructure
• Fire Safety
• Objective Architecture Design Standards
May 12, 2020 Planning Commission Meeting
Address: Citywide
File: 20-2362
Page 2
BACKGROUND:
Temple City adopted its ADU ordinance in 2017, based on the requirements of California Government
Code Section 65852.2. Within three years of the adoption, the City received and processed a total of 125
ADU applications, which is an average of 41 cases per year. Last year, the state passed new laws modifying
the development standards to further promote ADUs. Among those, AB 68 and AB 881 are the two which
had the most effect on the zoning power of local jurisdictions. The two laws require that a local jurisdiction
must reduce or remove some development standards to encourage the construction of ADUs. Where
JADUs were once optional, now all jurisdictions must allow their construction if certain conditions are
met. In addition, ADUs must also be permitted in multi-family and mixed-use zones. These state laws
became effective on January 1, 2020 and took precedence over any existing local ordinance which was
not consistent with provisions of state law. Earlier this year staff prepared an urgency ordinance to bring
Temple City’s rules into conformance with the state law. The City Council adopted the urgency ordinance
at its February 18, 2020 meeting.
ANALYSIS:
The urgency ordinance made the following changes to the Zoning Code:
1. ADUs are allowed in all residential zones, including the mixed-use zone.
2. ADUs in the multi-family and mixed-use zones can use existing non-habitable space to create
ADUs; the increase in density of the site cannot exceed 25 percent of the existing density.
3. JADUs are allowed in the single-family zone, must use the existing floor area, and must be owner
occupied.
4. If meeting certain conditions, an ADU and JADU are both possible for a single-family residence.
5. Covenants, Conditions, and Restrictions or a single-family home-owner association must not be
used to prohibit ADUs.
6. The standards for open space, floor area ratio, and lot coverage cannot be used to prevent the
creation or construction of an ADU, which must be allowed at a size of at least 800 square feet.
7. No parking is required for the primary residence if its garage is removed or converted for the
construction of an ADU.
8. No parking is required for an ADU if it is within one-half mile of a bus stop.
9. No parking is required for a detached, studio-unit ADU.
10. Tandem parking in the driveway must be counted towards meeting the parking requirement.
11. If an ADU contains more than one bedroom the size can be up to 1,000 square feet.
At the time of adopting the urgency ordinance, staff informed the City Council that they will bring back
a Zoning Code Text Amendment with expanded coverage. State law does not allow a jurisdiction to
use a development standard more stringent than what state law prescribed. State law allows a
jurisdiction to designate areas where ADUs can be construct based on the capacity of sewer
infrastructure and fire safety. The City’s sewer system is aging, with some portions considered deficient
by engineering standards. Staff believes that evaluating water and sewer capacity is necessary to
accommodate growth. Fire prevention is also an important topic as it directly relates to the life and
May 12, 2020 Planning Commission Meeting
Address: Citywide
File: 20-2362
Page 3
safety of Temple City residents . Since the State continues to allow a City to use objective design
standards, staff recommends additional criteria to promote quality designs. The following is the analysis
on these three issues.
Sewer Infrastructure
State law allows cities to prohibit ADUs in areas where water and sewer services are not adequate. Staff
looked at the adequacy of water and sewer infrastructure to determine if ADUs should be prohibited in
certain areas. In terms of water, the recent General Plan update included significant outreach with the
City’s water companies. Each water company demonstrated sufficient water capacity to meet the City’s
General Plan buildout projections.
Sewer capacity is a more complicated issue. Temple City has about 75 miles of sewer pipelines varying
from a diameter of six inches to 15 inches. Most of the sewer system is clay pipe laid in the 1950s and
1960s, most of which have reached and exceeded their life expectancy (50 to 60 years). L.A . County,
through the Sewer Condition Assessment Program, conducted inspections in 2010, 2011, and 2016 of the
City’s entire system, and recommends replacing pipelines exceeding a D/d factor of 0.625. The D/d factor
is the diameter divided by the depth of effluent flow. In terms of the deficiency, the City’s Sewer Master
Plan of 2017 identified four levels of deficiency classified as Priority 1 through Priority 4. The definitions
of the four priorities are provided as the following:
Priority 1: The sewer pipes under this category have a depth ratio greater than 90 percent under the
existing peak flow condition. A high priority ("Priority 1") relief project needs to be implemented
immediately to address the hydraulic constraints. The City has since completed all the priority 1 relief
projects.
Priority 2: The sewer pipes under this category have a depth ratio greater than 90 percent under the
ultimate peak flow condition. A "Priority 2" relief project might be needed within the next 5 years to
address the hydraulic constraints.
Priority 3: The sewer pipes under this category have a depth ratio greater than 50 percent and less than
90% under the existing peak flow condition. The hydraulically restricted pipes under this category require
near term ("Priority 3") relief project to remove the hydraulic constraints.
Priority 4: The sewer pipes under this category have a depth ratio greater than 50 percent and less than
90% under the ultimate peak flow and not under the existing condition. A "Priority 4" relief project might
be needed within the next 10 years to address the hydraulic constraints.
To reduce a new project’s impact on the sewer system, the City relies on municipal code section 6 -2B
which requires new developments to pay a sewer reconstruction fee based on the amount of effluent the
project will produce. The City Engineer requires sewer studies for larger developments to determine a
project’s specific impact on the sewer system and require the developer to either physically mitigate the
impact or pay an in-lieu fee. These tools to mitigate the impact of ADUs on the City’s sewer system are
not allowed under State law. State law does not allow the City to charge such impact fees on ADUs less
than 750 square feet and for ADUs larger than 750 square feet the fee must be “proportional.”.
May 12, 2020 Planning Commission Meeting
Address: Citywide
File: 20-2362
Page 4
Typically, if a City were to pose an increase in the density of development in an area, staff would be
required to perform a CEQA review. This review would analyze if the City’s infrastructure would be
sufficient to meet the future demand. If it was not, then measures to mitigate or lessen the impact of a
project would be put into place to reduce the impact of new development. For sewers and other
infrastructure, such as parks, this would typically mean the developm ent of a fee charged to each new
development so that the City could make improvements to the infrastructure. In this case, the State did
not perform this analysis and prohibits the charging of fees on a unit 750 square feet or less.
Since the City cannot charge additional fees to reduce the impact of ADUs, another alternative would be
to prohibit them. This, however, would be seen by the State and potential litigants as unfairly targeting
ADUs, since someone could construct a large mixed use project as long as its impact on the sewer could
be mitigated but an ADU which would pose a much smaller and negligible impact would be prohibited.
Staff believes that at the current pace of construction, the City’s sewer system would not fail within the
next five years. In consultation with the City Attorney’s Office and the City Engineer, staff believes the
appropriate action given the existing State law is to not prohibit ADUs based on sewer infrastructure.
Fire Safety
Temple City has a small percentage of lots which are located along an easement driveway or a private
street. Those driveways/streets are intended to be an access way and fire lane. Some of them is less than
20 feet wide which is a substandard dimension. Using the fire lane for parking is a common problem as
the City does not have the enforcement power over a privately owned land. ADUs and JADUs will
potentially triple the number of families on each lot, a concern both related to fire safety and increased
parking demand. To address such a concern, staff incorporated two requirements in the proposed
ordinance. The first requirement states that an ADU/JADU must be within a 150 feet of a 20 feet roadway.
The second requires a fire flow test and fire department review if the flow level is low. The two
requirements will prepare the property owners to deal with the fire safety issues early in the process when
planning for an ADU and/or a JADU.
Objective Architecture standards:
When the City adopted its urgency ordinance, staff transferred most of the objective design standards
from the existing ordinance to the urgency ordinance. Those standards will ensure that the ADUs will be
architecturally compatible with the primary residence. In this Zoning Code Amendment, staff proposes to
add additional criteria. The new criteria prohibit certain floor characteristics such as rooms not accessible
from the common area, exits doors for bedrooms, and a wet bar inside a bedroom. The number of
bathrooms is limited to the number of bedrooms with the exception that a powder room is allowed in
the common area. The proposed code also prohibits any rooms other than a bedroom, kitchen, bathroom
or living room and limits each unit to one common living area. The laundry facilities are required to be
placed inside the structure.
May 12, 2020 Planning Commission Meeting
Address: Citywide
File: 20-2362
Page 5
FINDINGS:
Findings for a Zoning Code Text amendment as required by TCMC Section 9-1C-6 are provided in the
attached resolution.
ENVIRONMENTAL REVIEW:
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15305
(Minor Alterations in Land Use Limitations), 15378, and 15061(b)(3) of the California CEQA Guidelines,
and Public Resources Code Section 21080.17.
RECOMMENDATION:
Adopt the attached resolution recommending that the City Council find that the project is exempt from
CEQA and adopt the proposed ordinance.
ATTACHMENTS:
1. Planning Commission Resolution
2. Ordinance No. 20-1041