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HomeMy Public PortalAbout11) 8A_Public Hearing_Series A Ordinance_Staff ReportCOMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: October 6, 2020 TO: The Honorable City Council FROM: Bryan Cook, City Manager Via: Scott Reimers, Interim Community Development Director By: Andrew J. Coyne, Management Analyst SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 20-1047, SERIES A CODE AMENDMENTS OF TITLE 9 (ZONING REGULATIONS), CHAPTER 1 (ZONING CODE) RECOMMENDATION: The City Council is requested to: 1.Introduce for first reading by title only and waive further reading of Ordinance No. 20-1047 (Attachment “A”), Series A Code Amendments of Title 9 (Zoning Regulations), Chapter 1 (Zoning Code); and 2.Schedule the second reading of Ordinance No. 20-1047 for October 20, 2020. BACKGROUND: 1.On September 5, 2019, Governor Newsom signed SB 234 (Keeping Kids Close to Home Act), which renders certain zoning code sections dealing with family daycare homes obsolete. 2.In January 2020, staff began administering the new Title 9 (Zoning Regulations) of the Temple City Municipal Code. This was the first comprehensive zoning code update since the City’s incorporation in 1960. Over the next few months, staff identified several definitions and sections that contain ambiguities, omissions, or reference errors. A draft ordinance was prepared to address these issues. 3.On April 28, 2020, the Planning Commission reviewed the proposed ordinance and recommended approval of it by the City Council. 4.On September 15, 2020, the City Council, at its regularly-scheduled meeting, continued this item to the October 6, 2020 City Council meeting. AGENDA ITEM 8.A. City Council October 6, 2020 Page 2 of 4 ANALYSIS: The following is a summary of the items proposed to be amended in Series A with a short explanation and analysis of the issues. The following will make the current code consistent with the previous code. • Clarify the definition of floor area ratio (F.A.R.): High ceiling areas (vaulted ceilings), accessory structures (not including required parking), and patio covers more than 50 percent covered are all counted towards floor area. • Require a conditional use permit for accessory structures with plumbing: Requiring a conditional use permit allows the Planning Commission the discretion to deny the request or approve it with conditions, such as requiring an annual inspection. Accessory dwelling units are exempt from this requirement. • Allow rental of one bedroom, when no ADU or JADU is on-site: The previous code allowed owners of a single-family house to rent up to two bedrooms. The proposal is to allow renting of one room. The site cannot also contain an ADU or junior ADU (JADU). An additional parking space is required. If the room rental occurs for less than 30 days it will be considered a short term rental, which is a prohibited use. • Provide 500 square feet of open space per dwelling: At least 75 percent of the open space must consist of landscaping. Twenty-five percent of the required open space may be covered with a cabana or roof cover. • Locate washing machines, dryers, and water heaters within the main structure or accessory structure: This will reduce clutter and improve the appearance of the city’s residences. Tankless water heaters can be outside the building. Existing water heaters are exempted. • Multiple businesses sharing one commercial tenant space: This will be added to the Commercial Land Uses table and will require a CUP. A conditional use permit will allow the city to adequately review the potential impact of each business. The following changes bring clarification on how to implement or understand the zoning code. • Parking: In many cases, it is not possible to add additional parking spaces to an existing commercial site. If a new use is proposed at such a location, and its parking requirement is the same as the previous use, the zoning code will not require additional spaces. The new use is not considered an “intensification” of use. City Council October 6, 2020 Page 3 of 4 • Increase distance between habitable structures from 10 feet to 15 feet: This will provide a single-family property with additional open space, privacy, and a feeling of lower intensity. The rear yard setback on a R-1 lot is 15 feet. So, this provides a rear yard between the single-family house and a new ADU. On R-2 and R-3 properties it will apply to the distance between primary dwellings and accessory structures. This is in alignment with the General Plan, which provides for protecting single family neighborhoods from additional density. • Limit accessory uses and structures to one per lot and the rear 50 percent of lots: This provision offers greater clarity by expanding the requirement to “uses” as well as structures. Previously, an owner could have a single accessory structure with multiple uses. One issue staff has found is people building one large accessory structure and noting on the plans that half will be a pool house and the other half will be an ADU. After construction, the structure is converted to one large ADU. The rear 50 percent rule would also apply to both uses and structures. These limitations do not apply to required parking, such as a garage. • The second-story side yard setback on R-2 lots: Must be a combined average of ten feet. Staff’s recommendation is to add the word “combined” to provide greater clarity. This will apply to both interior and corner lots. A sample diagram that illustrates how this will be demonstrated is found in Attachment C. The following changes will make the code consistent with Senate Bill (SB) 234: • Remove “Large Family Day Care Homes” from the Land Uses Table: Having a separate use category for large family day care is not necessary, as both large and small daycare homes are covered under the “childcare home” category. • Remove “Large Family Day Care Homes” from the Special Uses section: These uses are to be allowed “by-right” in all residential zones and no special development standards are to be required beyond what would be required for a residential use in each zone. There are also changes proposed to correct inconsistencies and errors in the zoning code. They do not constitute a policy change. FINDINGS: The required findings for a zoning code text amendment are found in the attached ordinance. City Council October 6, 2020 Page 4 of 4 ENVIRONMENTAL REVIEW: This project is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines pertaining to minor alterations to land use limitations and Section 15061(b)(3) of the CEQA Guidelines because the project is not 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. CITY STRATEGIC GOALS: Adopting the proposed ordinance would further the City Strategic Goals of Public Health and Safety and Quality of Life. FISCAL IMPACT : The proposed ordinance would have no impact on the Fiscal Year 2016-17 City Budget. ATTACHMENTS: A. Ordinance No. 20-1047 B. April 28, 2020 Planning Commission Staff Report C. Sample Second-Story Side Yard Setback Diagram Attachment A ORDINANCE NO. 20-1047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9, CHAPTER 1 OF THE TEMPLE CITY MUNICIPAL CODE WHEREAS, the City of Temple City (“City”) has adopted a General Plan to ensure a well- planned and safe community; and WHEREAS, protection of public health, safety, and welfare is fully articulated in the General Plan; and WHEREAS, State law requires that the Temple City Zoning Code, found in Title 9, Chapter 1 of the Temple City Municipal Code (“TCMC”), conform with the General Plan's goals and policies; and WHEREAS, it is necessary from time to time to update the zoning ordinance to bring it into conformity with State law and to address public health, safety, and welfare concerns that have arisen since the last update of the Temple City Zoning Code. THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY FINDS: 1. The proposed amendment is consistent with the general plan and any applicable specific plan as provided by Government Code section 65860; These amendments consist of clarifications to various ambiguities and inconsistencies in the Code, correction of internal reference errors, restoration of earlier definitions from the previous zoning code, and clarifications to implement long-standing interpretations of the Code. These amendments are consistent with the policies of the General Plan. They ensure the compatibility of new development with existing development (LU 4.1 and 4.7), maintain the character of the existing neighborhoods (LU 9.1 and 9.2), and require building massing and scale to be compatible with existing neighborhoods (LU 10.3 and 11.2) Therefore, this finding can be made. 2. The proposed amendment will not be detrimental to the public health, safety, or welfare of the city; and These are minor corrections that help bring clarity and consistency to the zoning code. Adoption of these amendments will protect the public health, safety, and welfare of the city by providing clear regulations for future development and protecting the existing development patterns. Therefore, this finding can be made. 3. The proposed amendment is consistent with other applicable provisions of this Zoning Code. The purpose of these amendments is to make the revised code sections more consistent with the other provisions of the Zoning Code by removing ambiguity and inconsistency. Therefore, this finding can be made. Ordinance No. 20-1047 Page 2 of 8 THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS AS FOLLOWS: SECTION 1: The following definitions in Section 9-1A-12 of the TCMC are amended as follows: DWELLING, NEW. Any residential structure which is to be newly constructed or voluntarily demolished and reconstructed. A remodel or house addition shall be considered a new dwelling if the proposed project involves voluntary demolition of fifty percent or more of the enclosing exterior walls and 50 percent or more of the roof of any structure, including any attached garage. DEMOLITION. The destruction or removal of a building or portion of a building. For purposes of determining whether a structure has been demolished, it is the intentional destruction and removal of 50 percent or more of the enclosing exterior walls and 50 percent or more of the roof of any structure. FLOOR AREA RATIO. The total gross floor area included within the surrounding exterior walls of a building(s) or portion thereof divided by the lot area, prior to any required dedications. In calculating floor area ratio (FAR), the exterior walls must be counted as gross square footage. For residential uses (not mixed use or commercial), the floor area must be counted twice for any portion of the dwelling where the distance between the floor and the ceiling directly above exceeds 12 feet and the height of a single-story structure or single-story portion of a two-story structure exceeds 18 feet. For single-family structures and in the R-1 Zone, the floor area ratio limitations of Section 9-1G-12 will apply to: A. The living area of any two-story dwelling or single-story dwelling in excess of eighteen feet (18') in height. B. Accessory structures including garage areas in excess of required parking, pool houses, playrooms, accessory dwelling units, and the like. C. Patios, porches, entryways, or the like (recessed or projecting) on the side or rear of structures that are more than fifty percent (50%) covered or greater than twenty percent (20%) enclosed. 1. In instances where a portion of a patio, porch, entryway, or the like is open to the sky and an adjoining area is covered, the two (2) areas shall be calculated independently, not averaged. 2. The area underneath a second floor overhang shall be counted toward floor area, when the overhang is greater than four feet (4') in depth or twenty five (25) square feet. 3. Materials such as glass, window screen, wood, stucco, brick, or any other material that is installed in a permanent manner that provides a visual or physical separation shall be considered as providing an enclosure. Exterior grade fabric curtains and mosquito netting tied back so that it does not provide a visual or physical separation shall not be considered as providing an enclosure. In the R-2 Zone, floor area ratio limitations shall apply to all structures on a lot including enclosed garages and accessory buildings. Ordinance No. 20-1047 Page 3 of 8 SECTION 2: Section 9-1C-5.B of the TCMC (General Procedures) is amended to add the following. All other contents of this section will remain unchanged. 8. Multiple Construction Projects: Multiple construction projects within any 24- month period will be considered a single construction project. SECTION 3: Section 9-1E-1.A of the TCMC (Parking Spaces Required: Off-Street Parking Spaces Requirements) is amended as follows. All other contents of this section will remain unchanged. 3. Change of Use: No additional parking will be required when a new use has the same parking requirement as the previous use, and the current number of on- site parking spaces is less than the minimum required by the code. This applies even in cases where the cumulative number of parking spaces in a shopping center exceeds the minimum required by the code. SECTION 4: Section 9-1E-2 of the TCMC (Parking Space Standards) is amended as follows. All other contents of this section will remain unchanged. C. Driveway Width: All driveways must meet the minimum and maximum widths shown in Table 9-1E-3. For single family houses, the maximum driveway width is limited to 8 10 feet when a one car garage is located at or near the front setback or the garage is located to the rear of the lot and 20 feet when a two car garage is located at or near the front setback. E. Non-Residential Driveway Requirements: 6. All driveway access will be from a dedicated street or alley. When alley access is available, the access must be taken from street the alley unless approval is granted by the Director. SECTION 5: Section 9-1F-8 of the TCMC (Permanent Signs by Zone – Locations and Design Requirements) is amended as follows. All other contents of this section will remain unchanged. B. Non-Residential and Mixed-Use Zones 1. Single Tenant Sites Allowed Sign Types (1) Maximum Number (1) Maximum Sign Area (1) Maximum Sign Height (1) Allowed Locations Illumination Allowed Notes e. Monument Signs (business identification) 1 sign per street frontage 40 percent of sign face Lots 40 ft or less maximum of 4 ft; Lots 41 feet to 100 feet maximum of 6 ft; May encroach into front setback area to within 5 ft of property line or interior driveway. Yes 100 linear ft minimum street frontage required. Ordinance No. 20-1047 Page 4 of 8 Lots greater than 100 ft maximum of 10 ft D. Non-Residential and Mixed-Use Zones 2. Multiple Tenant Sites Allowed Sign Types (1) Maximum Number (1) Maximum Sign Area (1) Maximum Sign Height (1) Allowed Locations Illumination Allowed Notes b. Monument Signs 1 sign per street frontage 40 percent of sign face Lots 40 ft or less maximum of 4 ft; Lots 41 feet to 100 feet maximum of 6 ft; Lots greater than 100 ft maximum of 6 percent of lot width or 20 ft, whichever is less May encroach into front setback area to within 5 ft of property line or interior driveway. Yes 100 linear ft minimum street frontage required. SECTION 6: Section 9-1F-13.A of the TCMC (Procedures for Sign Permits, Exemptions, and Revocations) is amended as follows. All other contents of this section will remain unchanged. 3. Major Sign Permit: a. Sign Types: The City requires approval of a Major Sign Permit when the Planning Commission’s discretionary review is required. Sign types that require a Major Sign Permit include: i. Monument Signs ii. Murals iii. Relocation of Iconic Signs Ordinance No. 20-1047 Page 5 of 8 iv. Signs that require a Comprehensive Sign Program v. Electronic Changeable Copy Signs vi. Marquee Signs b. Minor Major Site Plan Review: The application, approval authority, public hearing and noticing requirements for a Minor Major Sign Permit are the same as a Minor Major Site Plan Review. c. Findings: The director may approve Minor a Major Sign Permit only if all the following findings are made: SECTION 7: Section 9-1G-11 of the TCMC (R-1 Zone District Land Use and Permit Requirements) is amended as follows. All other contents of this section will remain unchanged. Table 9-1G-2 Land Uses and Permit Requirements for Residential Zone Districts Land Uses or Activities R-1 Notes/Reference Accessory Buildings or structures A* 9-1F-10 9-1G-12-F Rental of up to 1bedroom for a period of more than 1-month (prohibited where an ADU or JADU exists) A=Allowed A 9-1G-12-G *accessory structures with plumbing require a conditional use permit. SECTION 8: Section 9-1G-12 of the TCMC (R-1 Zone District Residential Development Standards) is amended as follows. All other contents of this section will remain unchanged. Table 9-1G-3 Temple City R-1 Development Standards Interior Lot Corner Lot Notes Distance Between Buildings (feet) Distance between habitable structures 15 15 Distance between all other buildings/structures 10 10 F. Accessory Uses and Structures: 1. Accessory uses and structures, are limited to one per lot, including accessory dwelling units, junior accessory dwelling units, pool houses, workshops, sheds, and the like, but not including required garages, are limited to one per lot and must be located in the rear 50 percent of the lot. 9. On a corner lot, garages must provide a minimum 20-foot street side yard setback. Except for accessory dwelling units, all other detached accessory structures on corner lot must provide a minimum 10-foot street side yard setback and a minimum fire five-foot rear setback. Ordinance No. 20-1047 Page 6 of 8 G. Vehicle Parking and Driveways: 6. Except in the case of ADUs and JADUs, an additional parking space must be provided for each room that is rented in a single-family house. The parking may be uncovered, such as on the driveway, but must not block the parking spaces for the main dwelling. L. Open Space: There shall be a minimum of five hundred (500) square feet of open space per dwelling unit. All dwelling units shall have and maintain suitable access to the open space. A minimum of seventy-five percent (75%) of the required open space must be landscaped. Any pavement in the open space must be permeable and must not function as a driveway extension. Twenty-five percent (25%) of the required open space may be covered with a cabana or roof cover. SECTION 9: Section 9-1G-22 of the TCMC (R-2 Zone District Residential Development Standards) is amended as follows. All other contents of this section will remain unchanged. Table 9-1G-8 Temple City R-2 Development Standards Adjacent to R-1 Adjacent to R-2/R-3 Not Adjacent to Residential Notes Distance Between Buildings (feet) Distance between primary dwellings and accessory structures 15 15 15 Distance between all other buildings/structures 5 5 5 B. Yard Setbacks: 2. Side Yard Setbacks: a. Interior lots must maintain a side yard adjacent to each side lot line of not less than five feet for the first-story portion of the building. For the side yard of an interior side lot, second-story an combined average second story setback of 10 feet must be provided, but never less than five feet. b. On a corner lot, properties must maintain a side yard adjacent to the street of not less than 10 feet for the first-story portion when adjacent to any zone. The second- story setback must be an combined average of ten feet. E. Accessory Uses and Structures: H. Accessory uses and structures, are limited to one per lot, including accessory dwelling units, pool houses, workshops, sheds, and the like, but not including Ordinance No. 20-1047 Page 7 of 8 required garages, are limited to one per lot and must be located in the rear 50 percent of the lot. SECTION 10: Section 9-1G-31.B of the TCMC, Table 9-1G-11 (R-3 Zone District Land Use and Permit Requirements) is amended to remove Day Care Homes (Large Family) from the Table of Land Uses and Permit Requirements. SECTION 11: Section 9-1G-32 of the TCMC (R-3 Zone District Residential Development Standards) is amended as follows. All other contents of this section will remain unchanged. Table 9-1G-12 Temple City R-3 Development Standards Adjacent to R-1 Adjacent to R-2/R-3 Not Adjacent to Residential Notes Distance Between Buildings (feet) Distance between primary dwellings and accessory structures 15 15 15 Distance between all other buildings/structures 5 5 5 E. Accessory Uses and Structures: I. Accessory uses and structures, are limited to one per lot, including accessory dwelling units, pool houses, workshops, sheds, and the like, but not including required garages, are limited to one per lot and must be located in the rear 50 percent of the lot. SECTION 12: Section 9-1I-2: (Commercial Land Uses and Permit Requirements) is amended to add the following use to Table 9-1I-2 (Land Uses and Permit Requirements), subject to a Conditional Use Permit in the NC, LTC, and DC zones: Non-residential tenant space or unit shared by more than one independently-owned business Table 9-1I-2 is further amended to delete the following two uses: Kennel (Indoor) Kennel (Outdoor) SECTION 13: Section 9-1N-6 of the TCMC (Encroachments) is amended to add the following section and relabel the section that comes after as Section E. (Permitted Encroachments into Yard Areas): D. All washing machines and dryers must be located within the main structure or accessory structure (in cases where a conditional use permit is approved). New structures must Ordinance No. 20-1047 Page 8 of 8 locate the water heater within the structure; this regulation does not apply to tankless water heaters. SECTION 14: Section 9-1T-9 of the TCMC (Large Family Daycare Homes) is deleted. SECTION 15: The City Council declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action will not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 16: The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378 because it can be seen with certainty that the Ordinance has no possibility of a significant effect on the environment. SECTION 17: 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 ___ day of ______, 2020. ________________________ Tom Chavez, Mayor ATTEST: APPROVED AS TO FORM: ________________________ _______________________ Peggy Kuo, City Clerk Greg Murphy, City Attorney City of Temple City Planning Commission Staff Report April 28, 2020 FILE: PL 20-2341 ADDRESS: Citywide DESCRIPTION: Series A Code Amendments of Title 9 (Zoning Regulations), Chapter 1 (Zoning Code) APPLICANT: City of Temple City (staff-initiated) PROJECT PLANNER: Andrew Coyne, Management Analyst ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) per Section 15305 (minor alterations to land uses limitations), and the proposed ordinance is not a ”project” as defined by Sections 15061(b)(3) and 15378(b)(5) of the CEQA Guidelines. RECOMMENDATION: Adopt the attached Resolution recommending that the City Council adopt the proposed ordinance. SUMMARY: In January 2020, staff began administering the new Title 9 (Zoning Regulations) of the Temple City Municipal Code. This was the first comprehensive zoning code update since the City’s incorporation in 1960. Over three months, staff has identified several definitions and sections that contain ambiguities, omissions, or reference errors. Furthermore, a new state law passed (SB 234), which renders certain code sections obsolete. To address these issues, staff has compiled a list of recommended changes and included them in the attached omnibus ordinance. The proposed Series A changes generally fall into the following categories: •Re-insertion of definitions from the previous zoning code into the new code. •Correction of internal reference errors within the code. •Deletion of sections that are out of compliance with state law. •Clarifications to address ambiguities or inconsistencies in the code. •Clarifications to implement previous interpretations. The existing Municipal Code can be found online at http://templecity.us/1176/Zoning-Code. ATTACHMENT B April 28, 2020 Planning Commission Meeting File: PL 20-2341 Series A Code Amendment Page 2 ANALYSIS: The following is a summary of the items proposed to be amended in Series A with a short explanation and analysis of the issues. Modification Explanation and Analysis Ordinance Section: 1 Municipal Code Section: 9-1A-12 The definition of “Floor Area Ratio” (F.A.R.) will be modified to provide a more complete definition with clarity about what is counted as floor area. High ceiling area (vaulted ceilings), accessory structures (not including required parking), and patio covers more than 50% covered are all counted towards floor area. This makes the current code consistent with the previous code. There are no new requirements being introduced here. It provides greater continuity by defining which features on single- family properties must be counted as floor area for the purposes of calculating the floor area ratio. The definition of “New Dwelling” will be modified by adding criteria for determining if a remodel constitutes a new dwelling. A dwelling is considered new, as opposed to a remodeled dwelling, if there is voluntary demolition of more than 50 percent of the exterior walls. This makes the current code consistent with the previous code. New dwellings must comply with all existing requirements. The 50 percent rule was found in the prior Zoning Code. Ordinance Section: 2 Municipal Code Section: Section 9-1C-5.B Multiple construction projects within any 24-month period will be considered a single construction project. This clause is consistent with the previous code and helps to clarify what is considered a project. A property owner may choose to make piecemeal changes to a building or structure to avoid certain code requirements. If these projects have been made within two years, it should be considered a single project. Ordinance Section: 3 Municipal Code Section 9-1E-1.A No additional parking will be required when a new commercial use has the same parking requirement as the previous use, and the current number of on- site parking spaces is less than the minimum required by the code. This applies even in cases where the cumulative number of parking spaces in a shopping center is less than the minimum required by the code. In many cases, it is not possible to add additional parking spaces to an existing commercial site. If a new use is proposed at such a location, and its parking requirement is the same as the previous use, the zoning code will not require additional spaces. The new use is not considered an “intensification” of use. April 28, 2020 Planning Commission Meeting File: PL 20-2341 Series A Code Amendment Page 3 Modification Explanation and Analysis Ordinance Section: 4 Municipal Code Section: 9-1E-2 The maximum driveway width is changed from eight feet to ten feet for driveways leading to a one-car garage at, or near, the front setback; and for driveways leading to a garage located in the rear of the lot. This corrects an inconsistency in the code. Section 9-1E-3.C states that the maximum driveway width is 8 feet. Table 9-1E-3 states that the minimum is 8 feet and the maximum is 10 to 20 feet. The 10-foot dimension was chosen to provide the driver and passenger enough room to enter and exit the vehicle. When alley access is available to a single-family house, the access must be taken from the alley unless approval is granted by the Director. This corrects a mistake in the code. The code mistakenly says access must be taken from the street, instead of the alley. Ordinance Section: 5 Municipal Code Section: 9-1F-8 The minimum street frontage for a monument sign in non-residential, mixed use zones, and multiple tenant sites is eliminated. This corrects an inconsistency in the Code. One section provides a maximum sign height based on the width of a lot, including lots less than 100 feet wide. While another section states that monument signs are prohibited on lots less than 100 feet. Ordinance Section: 6 Municipal Code Section: 9-1F-13.A The application, approval authority, public hearing and noticing requirements for a Major Sign Permit are the same as a Major Site Plan Review. This is a correction of a typo. It changes “minor site plan review” to “major site plan review.” Ordinance Section: 7 Municipal Code Section: 9-1G-11 Add a footnote that states that a conditional use permit is required for an accessory structure with plumbing. This does not include accessory dwelling units. This makes the current code consistent with the previous code. The City has a history of people converting non-habitable accessory structures to a dwelling unit without permits. Requiring a conditional use permit allows the Planning Commission the discretion to deny the request or approved it with conditions, such as requiring an annual inspection. April 28, 2020 Planning Commission Meeting File: PL 20-2341 Series A Code Amendment Page 4 Modification Explanation and Analysis When there is no ADU or JADU on a site, the code would allow the rental of one bedroom. An additional parking space must be provided for the room that is rented. This makes the current code consistent with the previous code, with a minor change. The previous code allowed owners of a single-family house to rent up to two bedrooms. The proposal, here is to allow renting of one room. The site could not also contain an ADU or junior ADU (JADU). As required in the previous Code, an additional parking space is required. Ordinance Section: 8 Municipal Code Section: 9-1G-12 The distance between habitable structures will be increased from 10 feet to 15 feet. Increasing the distance between habitable structures will provide single-family properties a feeling of lower intensity. This provides additional open space and privacy. Accessory uses and structures in the R-1 zone are limited to one per lot and must be in the rear 50 percent of the lot. This provision offers greater clarity to the code by expanding the requirement to “uses” as well as structures. Previously, an owner could have a single accessory structure with multiple uses. The rear 50 percent rule would also apply to both uses and structures. These limitations do not apply to required parking, such as a garage. Accessory structures on corner lots must provide a minimum ten-foot street side yard setback and a minimum five-foot rear setback. This is a correction of a typo that changes the word “fire” to “five”. It is not a substantive change. Provide a minimum of 500 square feet of open space per dwelling unit with at least 75 percent of the open space consisting of landscaping. 25% of the required open space may be covered with a cabana or roof cover. The code previously required 500 square feet of open space for each dwelling unit in the R-1 code. It was left out of the new code and is being reinstated. The high number of accessory dwelling units is reducing open space on R-1 properties. The minimum landscaping requirement is a new requirement meant to ensure that open space is actual plant material and that it is not simply covered over with pavement. Modification Explanation and Analysis Ordinance Section: 9 Municipal Code Section: 9-1G-22 April 28, 2020 Planning Commission Meeting File: PL 20-2341 Series A Code Amendment Page 5 The distance between primary dwellings and accessory structures will be increased from ten feet to 15 feet. Please see the above explanation in row 1 of Section 8. This requirement will also apply to the R-2 zone. Interior lots must maintain a combined average second story setback of ten feet, but never less than five feet. On a corner lot, the second-story setback must be a combined average of ten feet. These are corrections of typos. “Side yard of an interior lot” is changed to “second story” and the word “combined” is added to the average second story setback requirement. The requirement will also apply to corner lots. Accessory uses and structures in the R-2 zone are limited to one per lot and must be in the rear 50 percent of the lot See above explanation in row 2 of Section 8. This requirement will also apply to the R-2 zone. Ordinance Section: 10 Municipal Code Section: 9-1G-31 “Large Family Day Care Homes” will be removed from the Land Uses Table in the R-3 zoning code. This is in response to the new state law (SB 234) requiring that cities allow “by-right” small and large family day care homes in residential zones. Having a separate use category for large family day care is not necessary, as both large and small daycare homes can be covered under the “childcare home” category. Ordinance Section: 11 Municipal Code Section: 9-1G-32 The distance between primary dwellings and accessory structures will be 15 feet. This change is consistent with the requirements that are also being introduced in the R-1 and R-2 zones. Providing adequate distance between primary dwellings and accessory structures will minimize the impact that accessory structures have on density in the R-3 zone. Accessory uses and structures in the R-3 zone will be limited to one per lot and must be in the rear 50 percent of the lot This change is consistent with the requirements being introduced in the R-1 and R-2 zones. This provision offers greater clarity to the code by expanding the requirement to “uses” as well as structures. Previously, an owner could have a single accessory structure with multiple uses. April 28, 2020 Planning Commission Meeting File: PL 20-2341 Series A Code Amendment Page 6 The rear 50 percent rule would also apply to both uses and structures. Modification Explanation and Analysis Ordinance Section: 12 Municipal Code Section: 9-1I-2 “Non-residential tenant space or unit shared by more than one independently-owned business” will be added to the Commercial Land Uses table, subject to a CUP. This clarifies the approval process for these types of uses. Such uses are becoming more common. Requiring a conditional use permit will allow the city to adequately review the potential impact of each business. Duplicate instances of “Kennel” use will be deleted. This is the removal of a redundancy in the use list. The use is already included under the “animal hospitals” category. Ordinance Section: 13 Municipal Code Section: 9-1N-6 The encroachments section will be modified to state that washing machines and dryers be located within the main structure or accessory structure. Water heaters for new construction must be located within the structure. Only tankless water heaters can be outside the building. This is a requirement that was in the previous code. Its omission in the new code was an oversight. Requiring that washers, dryers, and water heaters be inside the structure will reduce clutter and improve the appearance of the city’s residences. Existing water heaters are exempted. Ordinance Section: 14 Municipal Code Section: 9-1T-9 The development standards for Large Family Day Care Homes will be deleted from the Special Uses section of the code. This section is being deleted to comply with the new state law (SB 234) prohibiting cities from having special requirements for family day care homes. These uses are to be allowed “by-right” in all residential zones and no special development standards are to be required beyond what would be required for a residential use in each zone. FINDINGS: April 28, 2020 Planning Commission Meeting File: PL 20-2341 Series A Code Amendment Page 7 TCMC Section 9-1G-0 provides that the Zoning Code may be “amended whenever the public interest and necessity so require.” There are no specific findings required to amend the Zoning Code or other titles of the Municipal Code. ENVIRONMENTAL REVIEW: This project is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines pertaining to minor alterations to land use limitations and Section 15061(b)(3) of the CEQA Guidelines because the project is not a project as defined in Section 15378 and it can be seen with certainty to have no possibility of a significant effect on the environment. RECOMMENDATION: Adopt the attached Resolution recommending that the City Council adopt the proposed ordinance. ATTACHMENTS: 1. Planning Commission Resolution 2. Ordinance No. 20- ATTACHMENT C