HomeMy Public PortalAbout06) 7D_Series A Ordinance_Staff Report_2nd ReadingCOMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: October 20, 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: SECOND READING AND ADOPTION 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 waive further reading and adopt Ordinance No. 20-1047
(Attachment “A”), Series A Code Amendments of Title 9 (Zoning Regulations), Chapter 1
(Zoning Code).
BACKGROUND:
On October 6, 2020, the City Council held a public hearing and introduced Ordinance No.
20-1047 and set the second reading and adoption for the October 20, 2020 City Council
Meeting.
ANALYSIS:
The City Council reviewed this item on October 6, 2020 and introduced the proposed
ordinance. There were no comments by the public and no subsequent changes to the
ordinance were made. Therefore, the City Council is requested to adopt Ordinance No.
20-1047. The original staff report from October 6, 2020 is attached to this report.
FINDINGS:
The required findings for a zoning code text amendment are found in the attached
ordinance.
AGENDA
ITEM 7.D.
City Council
October 20, 2020
Page 2 of 2
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 2020-21 City Budget.
ATTACHMENTS:
A. Ordinance No. 20-1047
B. Sample Second-Story Side Yard Setback Diagram
C. October 6, 2020 City Council Meeting Staff Report
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
NORTHERN/SIDE YARD
PROPERTY LINE
AVERAGE SIDE YARD SETBACK CALCULATION
UNIT 1
REQUIRED TOTAL SE I BACK AREA: 51' X 15' = 765 SF
238.00 + 104.50 + 80.00 + 60.50 + 287.00 = 770.00 SF
770.00 SF > 765.00 SF
PROVIDED REQUIRED
S P-0"
9'-6"
5'-6" ]4'-0"
r
f
238 SF
104.50 SF
4
WT00 W WELL
_1
Master Bedroom
13'-6" X 14'-6"
ri-
Master
Bath
9'X9
80 SF
60.50
SF
2' X 36
— W.LC
6' X 9'
Bedroom 2
10'-0" X 9-0"
u
60" X36
Bath 2
5' X 9'
�1J
287 SF
-
Bedroom 3
13'-6" X 11'-0"
INOSECOND FLOOR PLAN
0
SCALE I/$" = V-0"
OCT 2 2 2019
ATTACHMENT A
ATTACHMENT C
COMMUNITY 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.
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 2020-21 City Budget.
ATTACHMENTS:
A. Ordinance No. 20-1047
B. April 28, 2020 Planning Commission Staff Report
C. Sample Second-Story Side Yard Setback Diagram